Tag: Consumer Protection

1
K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls
2
Over a Fortnite: Epic Games to Pay Record US$520 Million to Settle FTC Claims of Children’s Privacy Violations and Digital Dark Patterns, Which Continued for Years
3
FDA Updates Regulatory Definition of “Healthy” for the First Time Since 1994
4
QR Code and Text Messaging Alone Are Insufficient to Disclose Bioengineered Food Ingredients
5
Kind, LLC Wins a Decisive Victory in an “All Natural” Case When Plaintiffs Failed to Prove that Reasonable Consumers Had A Specific Understanding of “All Natural” That Rendered Kind’s Labels Misleading

K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls

By: Gabriela da CostaJennifer P.M. MarshDr. Annette Mutschler-Siebert, M. Jur. (Oxon)Francesco CarloniMichal KoconNikolaos Peristerakis

It has now been six months since the new vertical distribution laws came into effect in the European Union (EU) and United Kingdom (UK). With many consumer brands starting 2023 looking for ways to shore up their resilience and profitability in a challenging market, our EU and UK Antitrust and Competition Law team has jotted down our thoughts on the trends that have gained the most traction under the new rules, big opportunities up for grabs, and lessons learned on pitfalls to avoid.

Read More

Over a Fortnite: Epic Games to Pay Record US$520 Million to Settle FTC Claims of Children’s Privacy Violations and Digital Dark Patterns, Which Continued for Years

By: Katie Staba and Desirée Moore

The Federal Trade Commission (FTC) has reached its largest administrative settlement to date: US$245 million. The proposed settlement is with Epic Games, Inc. (Epic Games), the company that developed and offers the multiplayer, online game Fortnite, and stems from Epic Games’ unlawful collection of personal information and illegal use of digital dark patterns to bill Fortnite users for unintentional in-game purchases. In total, Epic Games will be responsible for US$520 million, which includes a US$275 million penalty.

Read More

FDA Updates Regulatory Definition of “Healthy” for the First Time Since 1994

By: Natalie Rainer, Alexa Sengupta          

 The U.S. Food and Drug Administration (FDA) has issued a proposed rule (“Proposed Rule”)[1] that updates the definition of the “healthy” nutrient content claim under 21 C.F.R. § 101.65(d) for the first time since its issuance in 1994. The Proposed Rule, published on September 29, 2022, notes that “nutrition science has evolved since the 1990s” and that the proposed changes are intended to make the regulation “consistent with current nutrition science and Federal dietary guidance.”[2]

Read More

QR Code and Text Messaging Alone Are Insufficient to Disclose Bioengineered Food Ingredients

By: Natalie E. Rainer and Amy Wong

Due to a recent decision in the Northern District of California, the U.S. Department of Agriculture (USDA) will be required to revise current electronic and text message disclosure options under its Bioengineered (BE) Food Labeling Rules, also known as the National Bioengineered Food Disclosure Standard (NBFDS or Standard). Plaintiffs successfully argued that these methods of disclosure did not meet Congress’s requirement that these methods be adequately accessible to consumers.

Read More

Kind, LLC Wins a Decisive Victory in an “All Natural” Case When Plaintiffs Failed to Prove that Reasonable Consumers Had A Specific Understanding of “All Natural” That Rendered Kind’s Labels Misleading

By: Matthew G. Ball

Energy bar-maker Kind, LLC (“Kind”) has won a decisive victory in a multidistrict litigation matter pending in the Southern District of New York.  In re Kind LLC “Healthy and All Natural Litigation”, No. 15-MD-2645 (NRB) (September 9, 2022) (“Order”).  In the Kind Order, the district court made various rulings – of which the consumer class action defense bar should take note.  Before the Court were Kind’s Motions for Summary Judgment, to exclude Plaintiffs’ experts, and to decertify the class.  Kind ran the table, with the Court granting all three motions, and giving defense counsel a roadmap to victory in similar cases.  

Read More

Copyright © 2023, K&L Gates LLP. All Rights Reserved.