United States: Consumer Protection

The FTC's Bureau of Consumer Protection has launched a new program allowing businesses and stakeholders to identify ambiguities, conflicts, and problems with FTC rules. The Bureau may issue public guidance in response to submissions, though participation carries both opportunities and potential risks for companies.

The Federal Trade Commission's Bureau of Consumer Protection has launched a new program allowing businesses and stakeholders to formally identify ambiguities, conflicts, and problems within FTC consumer protection rules. This mechanism provides an unprecedented opportunity for regulated entities to challenge regulatory provisions that may be unclear, outdated, or inconsistent with other legal requirements.

The Federal Trade Commission has reached a proposed $12 million settlement with Humboldt Merchant Services based on allegations that it processed payments for merchants that were shell companies or engaged in fraud. This enforcement action highlights the FTC's scrutiny of payment processors and their obligations to identify and prevent fraudulent merchant activity.

The Federal Trade Commission takes decisive action on multiple fronts, from scrutinizing healthcare mergers in Ohio to extending comment periods on personalized pricing policies. Meanwhile, a major payment processor faces millions in penalties for allegedly facilitating merchant fraud and deceptive telemarketing schemes.

Federal and state regulators are intensifying scrutiny of hidden fees and junk fees in consumer transactions. This article examines the FTC's final Fees Rule, state-level enforcement actions, and emerging litigation risks, while providing guidance on compliance strategies for businesses navigating this evolving regulatory landscape.

The Seventh Circuit's reversal in Franco v. Chobani has upended food manufacturers' reliance on FDA guidance regarding allulose labeling, creating a wave of class action litigation across the United States. Companies marketing products as "sugar free" despite containing allulose now face significant legal exposure as courts align with the FDA's regulatory definition rather than its enforcement discretion guidance.

Alcohol beverage companies face a complex regulatory environment as states enact new legislation, federal agencies propose changes to ingredient and formulation requirements, and hemp-derived THC products generate ongoing legal scrutiny. Recent developments include FDA proposals affecting GRAS notifications and color additives, state-level actions on distribution and sales restrictions, and evolving trademark disputes that may impact product development and compliance strategies.

Federal legislation has pushed back the scheduled ban on hemp-derived THC products from November 12 to December 11, 2026, providing a temporary reprieve for an industry employing 350,000 people nationwide. However, this one-month extension offers no permanent resolution, and stakeholders face mounting pressure as multiple state-level restrictions continue to take effect independently of federal timelines.

A New Jersey District Court decision demonstrates how carefully drafted sale orders and proper notice procedures in bankruptcy asset sales can effectively shield buyers from legacy product liability claims. The case examines the critical interplay between asset purchase agreements, court-approved sale orders, and constitutional notice requirements in determining whether pre-closing liabilities follow purchased assets or remain with the seller.

Colorado Attorney General Philip Weiser has filed a lawsuit against EarnIn, challenging whether its direct-to-consumer earned wage access product constitutes a high-cost loan subject to state lending laws. The case examines EarnIn's Cash Out product, which advanced approximately $300 million to Colorado consumers between January 2023 and July 2025, and questions whether the company's tips and expedited-transfer fees should be classified as interest charges.

Colorado's Attorney General has filed a lawsuit against an earned wage access provider, alleging its cash advance product violates state payday lending and consumer credit laws. The case centers on whether the provider's direct-to-consumer advances constitute high-cost loans subject to licensing requirements and rate limitations, with the state claiming an average APR of approximately 388% through tips and fees. This enforcement action underscores the ongoing regulatory debate over how EWA products should b

Colorado's Attorney General has filed a lawsuit against a fintech company offering earned wage access products, claiming the service operates as an unlicensed high-cost lending program. The complaint alleges violations of state consumer credit laws and deceptive practices related to mandatory "tips" that function as finance charges. State regulators are seeking injunctive relief, restitution, and civil penalties.