Each week, Crowell & Moring’s Advertising & Product Risk Management Group brings you the top stories in retail and consumer products law. Our recent posts focus on changes in false advertising law in both the U.S. and Canada and the latest CPSC civil penalty cases.

Matthew CohenRukiya Mohamed, and Stephanie Crawford discuss the government’s withdrawal of its “material misrepresentation” claim against Michaels’ and its remaining focus on the imposition of civil penalties and injunctive relief over Michaels’ failure to timely report a potential product safety hazard.

Prepared in collaboration with Tony Di Domenico of Canada’s Fasken Matineau law firm. Mr. Di Domenico and Chris Cole detail Canada’s new private right of action arising from false or misleading representations made in electronic messages and the law’s broad definition of “electronic message.”

A New Twist on a Familiar Theme: NJ Lawsuit Targets Retailer’s Savings Claims, Seeking Damages Under Once Obscure Statute

Robbie Rogart and Lauren Aronson discuss the risks to New Jersey retailers using “up to __% off” promotional messaging following a suit against Jos. A. Bank under the New Jersey Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J. Stat. § 56:12-15, alleging violation of the state’s consumer protection laws.

CPSC reached a civil penalty agreement of $4.65 Million with Viking Range and Middleby Corporation to resolve late reporting allegations over defective gas ranges. Cheri Falvey and Matthew Cohen explain the substantial civil penalties risk for failure to fulfill Section 15(b) reporting obligations.