Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo
E-Commerce, Online Distribution & Fulfillment, Advertising, Data Collection & Privacy
alert
Consumer Review Fairness Act of 2016: What Brands Need to Know About This New Consumer Review Law

What’s the News?

Before leaving office, President Obama signed into law the Consumer Review Fairness Act of 2016 (CRFA), which protects consumers engaging in consumer reviews. The CRFA voids a contract if it prohibits or restricts an individual from reviewing a seller's goods, services, or conduct.

Who is Affected?

All companies that have the prohibited clauses (see below) in their consumer contracts will have to review and update these contracts for compliance with the CRFA.

What Do You Need to Know?

We’ve compiled some of the things that you ought to know about the CRFA:

Continue Reading →
Consumer Product Safety
alert
FTC Settlement Shows Agency Remains Focused on “Made in USA” Claims

The Federal Trade Commission has announced a proposed settlement and consent order in its investigation of a US-based water filtration company, iSpring Water Systems, concerning that company’s representations that its products are "Proudly Built in the USA," which is considered an unqualified "Made in USA" claim that the products were all or virtually all USA-made. These representations appeared on the company’s own websites, as well as those of other online retailers who sold the products. The FTC alleges that many of the company’s products were wholly imported and/or produced with significant foreign inputs, and therefore, the unqualified US-origin claims are false and misleading. While iSpring has neither admitted, nor denied, the allegations, it has agreed to drop the "Made in USA" references, and to make only qualified "Made in USA" claims which clearly and conspicuously identify the extent to which foreign parts, ingredients or processing are utilized.

Continue Reading →
Consumer Product Safety
alert
FDA Issues Draft Guidance on Lead Levels in Cosmetics
The US Food and Drug Administration recently issued draft guidance establishing an upper limit for lead levels in externally applied cosmetics of 10 parts per million (ppm) of lead. FDA’s upper limit lead restriction applies to lip products, such as lipsticks, lip glosses, and lip liners, and to other externally applied cosmetics, such as eye shadows, blushes, compact powders, shampoos, and body lotions. FDA intends the draft guidance to educate new manufacturers entering the marketplace, as well as encourage existing manufacturers to continue to follow or improve on voluntary good manufacturing practices that limit trace amounts of lead as an impurity.

Continue Reading →
Advertising, Data Collection & Privacy
alert
New Version of Payment Card Information Standards Targets Recent Breach Issues

What’s the News?

Following recent updates, merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard (PCI DSS), the security standard that organizations need to follow if they handle credit and debit cards from major card companies, such as Visa, MasterCard and American Express. This round of changes will be known as version 3.2 of PCI DSS, and include significant guidance and updates on hot topics such as encryption and strong credentials. Compliance with the changes is important because companies that are subject to PCI DSS but fail to comply face exclusion from processing credit card payments and/or hefty fines. Sometimes, noncompliance could mean leaving open the doors to your cardholder data environment, thereby allowing hackers and malicious entities to enter.
 

Continue Reading →
Fashion Law Videos, Intellectual Property, Copyright
video
The Real Deal: Anthony Lupo and Michelle Marsh Discuss Clothing and Copyright

Exclusivity and uniqueness are the cornerstones of the fashion industry. From Louboutin’s iconic red-soled pump to Burberry’s famed trench, brands pride themselves on creating exceptional albeit timeless pieces. So what prevents a rival company from simply replicating success? Which begs the age old (and hotly debated) question – can clothing be copyrighted? The answer is anything but black and white.
 

Continue Reading →
International Corporate, Importation & Immigration
alert
What Trump Means for the Fashion Industry

As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.
 
Mr. Trump recently announced the nomination of Robert Lighthizer to serve as US trade representative, another indication that the new Administration intends to make good on campaign promises to curb imports that are seen as hurting US businesses. A longtime adviser to US steel industry companies, Mr. Lighthizer served from 1983 to 1985 as deputy US trade representative during the Ronald Reagan. Mr. Lighthizer is known as a master strategist for trade sensitive domestic manufacturers, and he joins Commerce Secretary-Designate Wilbur Ross, a longtime steel industry investor, and economist Peter Navarro, a leading China trade critic, to constitute a trade policy team decidedly skeptical of past free trade conventions.
 

Continue Reading →
Labor & Employment
alert
New York Exemption Threshold Set to Increase on Dec. 31

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers. Although implementation of the federal regulations has been delayed, as noted in this Arent Fox alert, New York State is continuing with its regulation. This means that, regardless of the outcome at the federal level, more New York State employees will become eligible for overtime pay throughout the state.

Continue Reading →
Advertising, Data Collection & Privacy
alert
Retailers May Face False Advertising Suits Even If Consumers Learn the “Truth” Before Making a Purchase

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.  This decision will raise red flags for retailers because the customers had learned the truth about the discount’s limitations at the cash register before making their purchases. 
 
Reversing the trial court’s grant of summary judgment on standing grounds, the appellate court ruled that the plaintiffs raised a triable issue of fact as to whether they had suffered an economic injury and whether the unfair business practice or false advertising caused that injury.  The appellate court reasoned:
 

Continue Reading →
Advertising, Data Collection & Privacy
alert
Ho-Ho-Ho! Retailers Beware When Advertising
Retailers should beware this holiday season – and beyond – when advertising sales using a comparison between the “original” and “sale” prices as Macy's, Sears, and JC Penney were just sued by the Los Angeles City Attorney for allegedly deceiving consumers by using a false original “reference price.”

Continue Reading →
Real Estate & Leasing, Fashion Law Videos
video
Market Alterations: Anthony Lupo and Steve Birkhold Talk Retail Trends

California has been a target for shoppers across the globe long before Rodeo Drive made its debut on the big screen in Pretty Woman. Yet because many major metropolitan areas in California are sprawling and lack the densification found in most urban areas, shopping centers must have strong strategies to attract customers for reasons other than to simply shop.

Continue Reading →

SUBSCRIBE

Add the Arent Fox Fashion Law blog to your RSS feed reader.

Arent Fox In Your Inbox
To subscribe to Arent Fox Alerts and other news, click here.

ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.