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In Consumer Goods & Retail

Do you sell digital goods to consumers? You may want to stop using the words “buy” and “sell.”

by and 2 Mins Read

Starting January 1, 2025, California’s AB 2426 prohibits providers of revocable digital goods from using the terms “buy,” “purchase,” and similar terms in ads and offers without providing a clear and conspicuous notice that the consumer is getting a “license” subject to easily accessible terms and conditions (or getting the consumer’s affirmative acknowledgment that they’re receiving a revocable license). In practice, most providers of digital goods want some rights to revoke a consumer’s access, such…

In Advertising & Marketing

Greenwashing and Online Retail: UK CMA Guidance for Fashion Retail Sector

by and 7 Mins Read

On 18 September 2024, the Competition and Markets Authority (CMA) published guidance on complying with consumer law when making environmental claims in the fashion retail sector (Guidance). It provides a practical guide on the CMA’s 2021 Green Claims Code for the sector. The CMA also sent letters to 17 fashion brands asking them to review their business practices in light of the Guidance. The Guidance and letters sets the scene for the CMA to take…

In Consumer Goods & Retail

United Kingdom DMCC – Consumer Protection – Spotlight on Consumer Subscriptions

by , , and 7 Mins Read

The UK Government passed the long-awaited Digital Markets, Competition and Consumers Act (the “DMCC”) on 24 May 2024. The DMCC will bring radical change to the enforcement of consumer law in the UK, introducing new powers for the CMA to issue direct fines of up to 10% of global annual turnover for breaches. The DMCC also introduces changes to substantive UK consumer law provisions, including changes related to subscriptions, online reviews and drip pricing. This…

In Consumer Goods & Retail

DMCC – Consumer Protection – Spotlight on Online Reviews

by , , and 5 Mins Read

The UK Government passed the long-awaited Digital Markets, Competition and Consumers Act (the “DMCC”) on 24 May 2024. The DMCC will bring radical change to the enforcement of consumer law in the UK, introducing new powers for the CMA to issue direct fines of up to 10% of global annual turnover for breaches. The DMCC also introduces changes to substantive UK consumer law provisions, including changes related to subscriptions, online reviews and drip pricing. This…

In Brand Management

International: What do the first two NFT trademark infringement cases signal for brand owners worldwide

by , , , , , , , and 10 Mins Read

February 2023 saw a landmark decision for brand owners and digital assets, as a first instance court decided the first US case to consider the application of trademark rights to digital artworks linked to Non-Fungible Tokens (NFTs). The decision (detailed in our alert here) centered around “MetaBirkins”: a collection of unique virtual tokens linked to digital faux-fur versions of the coveted Hermès Birkin bag. Hermès sued Rothschild for trademark infringement, dilution and cybersquatting, and the…

In Consumer Goods & Retail

CMA to investigate green claims within the FMCG sector – how can you prepare?

by and 3 Mins Read

On 26 January 2023, the CMA announced that it is expanding its work on green claims with a review into Fast Moving Consumer Goods (FMCG). This follows the CMA’s guidance in September 2021 on making environmental claims on goods and services, designed to help business understand and comply with existing obligations under consumer protection law when making green claims. The CMA also produced the Green Claims Code with a checklist of key points for businesses…

In Consumer Goods & Retail

Online Marketplaces – are you ready for the DSA?

by , and 3 Mins Read

The Digital Services Act (DSA), came into force. on 16 November 2022 with a compliance deadline of 17 February 2024 (with earlier deadlines for the largest market players). However, all online platforms must publish the number of average monthly active recipients of their service by 17 February 2023. The DSA categorises services as intermediary services, online platforms, search engines, very large online platforms and very large search engines, with tiered obligations focusing on content moderation,…