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Consumer Protection

October 01, 2026
Diageo Beats Tequila Purity Suit Due To Sparse Testing

Global liquor giant Diageo North America Inc. has defeated claims that it falsely labeled tequilas Casamigos and Don Julio as 100% agave after a Brooklyn federal judge said the plaintiff consumers failed to show the alleged adulteration was widespread or found within their bottles.
October 01, 2026
Kalshi Looks To Shield Sports Offerings At 2nd Circ.

Prediction market giant Kalshi has asked the Second Circuit to shield its sports offerings from Connecticut gaming enforcers, drilling down on its position that those offerings ought to be immune from state scrutiny.
October 01, 2026
Fla. AG Says Pfizer Hid COVID Vax Risks From Consumers

Florida's attorney general sued Pfizer and its CEO on Thursday, claiming they deceptively marketed the pharmaceutical company's COVID-19 vaccines as safe despite knowing of reports of adverse events.
October 01, 2026
Meta Beats Calif. Drivers' DMV Data Collection Suit

A California federal judge has thrown out a proposed class action alleging Meta Platforms Inc. illegally obtained information from the state's Department of Motor Vehicles through its Pixel software, saying the plaintiffs leading the complaint haven't shown that Meta got any personal or embarrassing information.
October 01, 2026
Google Shakes Suit Over Search Engine Default Agreements

A proposed consumer class action accusing Google of monopolizing the online search market has been tossed by a California federal judge who said the plaintiffs didn't provide evidence showing that "better" options could have been available if Google hadn't struck default search engine deals with Apple and other companies.
October 01, 2026
Online Vape Store Adds Junk Fees To Orders, Suit Claims

A pair of vape buyers are suing Element Vape in California state court, alleging the vape seller adds junk fees to its orders in the form of a "route package protection fee" that adds virtually no value for the customer.
October 01, 2026
US Adds Certain Faux Leather To Textiles Free Trade List

Certain faux leather fabric that is bonded to a pile fabric will be added to the list of textiles that can enter the U.S. duty-free under the Dominican Republic-Central America Free Trade Agreement, the federal government said Thursday.
October 01, 2026
Commerce Probes Aluminum Composite For Duty Evasion

A Chinese company's aluminum composite panels may be designed to circumvent duties on common alloy aluminum sheet imported from the country, the U.S. Department of Commerce said Thursday, announcing an investigation.
October 01, 2026
DOJ Outlines New Corporate Fraud Enforcement Priorities

Federal prosecutors "must place great weight" on a new list of factors when considering potential charges in corporate fraud cases, including whether the matters involve government programs, threats to national security or immigration offenses, according to a memo released Thursday by the U.S. Department of Justice.
October 01, 2026
Vape Co. Eyes Intervention In FDA E-Cigarette Suit

The maker of the flavored e-liquid brand Naked 100 wants to defend the current U.S. tobacco policy allowing vape products to enter the market without full approval by the U.S. Food and Drug Administration, telling a federal court that reversing the rule could push its products off shelves.
September 30, 2026
9th Circ. Judges Doubt X's Claims Against Anti-Hate Group

Ninth Circuit judges appeared skeptical Wednesday of X Corp.'s bid to revive claims against two nonprofits for scraping tweets to study online hate speech, with one judge questioning X's contract damages claim and another doubting that the nonprofits could be held liable for publishing true information.
September 30, 2026
Senate Panel Seeks To Hold AI Giants Liable For Rogue Hacks

Several U.S. senators made a bipartisan push Wednesday to impose both civil and criminal liability on the makers and users of advanced artificial intelligence models for the misuse of these systems, arguing that such a move would give these companies more incentive to combat cyberattacks carried out by rogue AI agents and other potential harms.
September 30, 2026
7th Circ. Backs Truckers In Union Pacific BIPA Suit

A Seventh Circuit panel on Wednesday affirmed that fingerprint scans at Union Pacific's Illinois facilities violated a state privacy law, rejecting the company's stance that a government contractor exception applies anytime the contract is active.
September 30, 2026
Paramount Gets OK On Deal With State AGs Over Merger

A California federal judge gave the green light Wednesday to a settlement to end a group of state enforcers' challenge of Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery, saying the resolution reflects a "good faith approach" to alleviate concerns that the merger will stifle entertainment industry competition.
September 30, 2026
Baby Food Co. Will Keep Posting Test Results, Texas AG Says

Baby food company Plum Organics has committed to continuing to publish heavy metal test results for its infant food products, according to a deal it signed with the Texas attorney general's office to end a state investigation.
September 30, 2026
Valve Order Allows 15K Antitrust Arbitrations To Be Closed

A federal judge in Seattle refused Wednesday to issue a preliminary injunction to curb the closure of nearly 15,000 gamers' antitrust arbitrations against entertainment giant Valve Corp., finding that plaintiff Jeffrey Smith failed to show that closing the arbitrations would cause irreparable harm.
September 30, 2026
NYC Tenants Claim PE Firm Illegally Overcharged Rent

A proposed class of New York City rent-stabilized tenants alleged Wednesday that they were illegally overcharged for rent while living in 19 Manhattan and Brooklyn residential properties operated by real estate private equity firm PH Realty Capital LLC.
September 30, 2026
Newsom Signs Law Letting California Target Solo Monopolies

California Gov. Gavin Newsom signed a bill Wednesday that expands California's Cartwright Act to allow the state to pursue monopoly and monopsony claims against a solo company, instead of requiring multicompany coordinated conduct, saying the bill is "leveling the playing field" for small businesses.
September 30, 2026
Meta Fights 'Monster' Proposed $1.1B CIPA Judgment

Meta has urged a California federal judge not to grant a partial final judgment of more than $1.1 billion against it for unlawfully obtaining sensitive data from users of the menstrual tracking app Flo, saying the judgment it criticized as "Frankenstein's monster" violates its due process rights.
September 30, 2026
DraftKings Uses AI To Exploit Losing Bettors, Suit Alleges

DraftKings weaponizes artificial intelligence to identify vulnerable gamblers who tend to lose and then deploys promotions enticing those gamblers to place more bets to increase the house's revenue, according to a proposed class action filed Wednesday in Massachusetts federal court.
September 30, 2026
Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.
September 30, 2026
'Waterproof' Sunscreen Suit Tossed Over Lack Of Harm

A New Jersey federal judge on Tuesday dismissed a proposed class action alleging that Missha and A'pieu sunscreens are falsely labeled as "waterproof" and "sweatproof," saying that the consumers hadn't shown that they were harmed financially since the products still functioned as sun protection.
September 30, 2026
FCC OKs Cable Biz Waiver To Fix Banned Routers

The Federal Communications Commission has come through with another waiver that will allow certain companies to make changes to foreign-made routers that the agency has banned from being imported, in the hopes of avoiding the supply chain shortages that the ban created.
September 30, 2026
Crypto Project Argentina Pres. Promoted Ducks RICO Claims

A New York federal judge has permanently dismissed a proposed class action against the operators and promoters of a cryptocurrency project touted by Argentinian President Javier Milei, finding the investors failed to plausibly plead that the defendants conspired to defraud them.
September 30, 2026
23andMe Beats Calif.'s Bankruptcy Sale Privacy Challenge

A Missouri federal judge on Tuesday denied California's bid to undo the $305 million bankruptcy sale of 23andMe over concerns that the sale sidestepped state consumer data protections, ruling that the state lacks standing to challenge the sale and that the court's "good-faith" findings aren't clearly erroneous.

Editor's Picks

Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

Expert Analysis

AG Watch: How Maryland Is Meeting The Data Center Age

At a time when states are competing for data center investment, Maryland Attorney General Anthony Brown's upcoming people's counsel appointment may shape the state's most consequential debates over electric rate increases, grid investment and the costs of the ongoing energy transition for years to come, says Erek Barron at Mintz.
Mapping The Shifting Landscape Of Algorithmic Pricing Laws

As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.
Testing AI's Promise For Large-Scale Document Review

Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.
How ChatGPT Teen Version Raises Product Liability Questions

OpenAI's recent rollout of ChatGPT for Teens offers younger users a purportedly safer version of the software — but it could also help plaintiffs who are questioning whether earlier versions were safe for minors, when the company identified risks and when safeguards became technically viable, says Michael McCready at McCready Law.
AG Watch: Va. Vape Product Regulations Enter A New Phase

Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.
What's Next For Prediction Markets If States Win At High Court

While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.
FDIC Standards Body Could Ease Bank Vendor Due Diligence

The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.
AI Meeting Recaps Pose New Discovery And Privilege Risks

The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.
Class Actions At The Circuit Courts: September Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.
HPE-Juniper Settlement Teaches Key Tunney Act Lessons

A California federal court's recent approval of the U.S. Department of Justice's settlement with Hewlett Packard over its Juniper Networks acquisition offers legal practitioners some crucial lessons, including on unique tech-sector remedies for mergers and acquisitions and the continued viability of the Tunney Act, says Shubha Ghosh at Syracuse University College of Law.
First Steps For Companies Facing AI-Assisted Pro Se Suits

As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.
Elder Fraud Risk And Pleading Lessons From Meta Cases

Michael Gilfix and Benjamin Gicqueau at Gilfix & La Poll discuss how a recent Meta youth settlement and an April decision involving social media harms to children may point to a broader pleading framework in cases of elder fraud, and offer practical measures for platforms and consumers seeking to reduce elder fraud risk.
Negotiating The Scope Of The Stablecoin Customer ID Rule

Though comments on bank regulators’ proposed rule for stablecoin issuers under the Genius Act generally agree that oversight would help prevent illicit activity, agencies must reconcile disagreement over whether to extend customer identification requirements from issuers' primary-market relationships to secondary-markets activity, say attorneys at Ballard Spahr.
An Economic Approach Could Curb Broad Antitrust Classes

A Minnesota federal court's recent certification decision reflects a familiar antitrust pattern of inefficiently broad class certification even when the alleged conspiracy's effect is likely to vary significantly across buyers, but utilizing an economic interpretation of predominance would enhance efficiency by leading to narrower classes, says Sean Durkin at Charles River.
How To Improve Hiring Transparency Amid Ghost Job Scrutiny

Recent regulatory and state law scrutiny of ghost job postings for roles that don't exist or aren't being filled signals a shift toward hiring transparency, and employers that fail to adapt risk enforcement actions, consumer protection claims and financial penalties, say attorneys at Foley & Lardner.