During 2023, legislative, congressional, and executive actions aimed at protecting children and teens online took center stage. Such actions included: legislative attempts to raise the age of a “child” at both the federal and state levels for advertising and privacy purposes; bans on behavioral advertising targeting minors; efforts to restrict access to social media by minors; First Amendment legal challenges; and the Federal Trade Commission’s (FTC) long-awaited proposed changes to the Children’s Online Privacy Protection Act (COPPA) Rule. Over the last few years, we have reported on regulato ..read more

Keller and Heckman has submitted comments to the European Data Protection Board (EDPB) in the context of a public consultation on their draft guidelines 2/2023 on the Technical Scope of Art. 5(3) of ePrivacy Directive, on behalf of various organisations that wished to contribute in a meaningful manner without drawing attention to their identity. What guidelines? Based on the EDPB’s proposed guidelines, Article 5(3) of the ePrivacy Directive (ePD), commonly called the “cookie rule,” would be extended to cover not only cookies and similar active storage of, and active access to, information on a ..read more

The Consumer Product Safety Commission (CPSC or Agency) recently published a Supplemental Notice of Proposed Rulemaking (SNPR) (88 Fed. Reg. 85760 (December 8, 2023)) to revise the existing rule on Certificates of Compliance (CoC or certificates), 16 CFR § 1110 (Rule 1110). The last time CPSC proposed changes to Rule 1110 was in 2013, when the Agency received more than 500 comments responding to its Notice of Proposed Rulemaking (2013 NPR), many voicing specific legal and other objections to the proposed changes. A decade later, CPSC is reviving the CoC rulemaking process. This SNPR propo ..read more

On December 20, 2023, the Federal Trade Commission (FTC or Commission) finally published its long-awaited proposed Notice of Proposed Rulemaking (NPR) updating the Children’s Online Privacy Protection Act Rule (COPPA Rule). Find out more here ..read more

As the federal government continues to wrestle with the complex issue of regulating Artificial Intelligence (AI) in the wake of the release of President Biden’s Executive Order, states have already proposed or enacted AI regulation, and even more will attempt to tackle the issue in 2024. Two recent developments in AI regulation from California and New Hampshire highlight different approaches states are taking in the absence of federal preemption. In the meantime, the European Union is also proceeding with efforts to flesh out a regulatory framework for AI. Inconsistencies and operational chall ..read more

Manufacturers and distributors of household cleaners and similar chemically-based consumer products sold in Canada should be aware of an uptick in recalls by Health Canada for violations of the labeling requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR) under the Canada Consumer Product Safety Act (CCPSA). The CCCR establishes detailed product classification criteria and labeling and packaging requirements for potential hazards in certain consumer products. In just the last three months, Health Canada has issued nine recalls for products from various count ..read more

So much for tackling consent fatigue. The short version: If unchanged, the new EDPB guidelines on what is known as the “cookie” rule would extend that rule to cover nearly every communication over the Internet and any use of software on a computer. Your business is probably more impacted than you might think, and it is important for you to take part in the public consultation that runs until 28 December 2023 – so reach out rapidly. The ePrivacy Directive (2002/58/EC) is a misunderstood piece of legislation. While the public often links cookie banners to the General Data Protection Regulation ..read more

On November 13, 2023, the Federal Trade Commission (FTC or Commission) sent warning letters to the American Beverage Association (AmeriBev), The Canadian Sugar Institute, and a dozen dietitians and influencers promoting the safety of artificial sweetener aspartame or the consumption of sugar-containing products on TikTok and Instagram. The letters allege that the dieticians and influencers did not adequately disclose that the associations paid for the endorsements. The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) state that “paid endo ..read more

Children’s and teen’s online privacy and safety – particularly their mental health – continues to be an area of intense scrutiny for lawmakers, regulators, and enforcers. Last May, the Biden administration announced the creation of a new task force focused on the safety, privacy, and wellbeing of children online, linked to an Advisory on Social Media and Youth Mental Health issued by the U.S. Surgeon General the same day. The task force is slated to produce voluntary guidance, policy recommendations, and a toolkit on safety, health, and privacy-by-design for industry developing digital product ..read more

Joining a growing number of state and federal agencies, the U.S. Consumer Product Safety Commission (CPSC or Commission) is seeking information on uses of per- and polyfluoroalkyl substances (PFAS) in consumer products. In addition to work it began last year with ASTM International on consumer product standards related to PFAS, the CPSC released a white paper prepared by an external contractor back on July 14, 2023, and is now seeking comments on a Request for Information (RFI) on PFAS in Consumer Products. Through its RFI, the Commission is soliciting feedback on, among other things, how to d ..read more