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Category: Legislation

Extreme Pro-Plaintiff Changes Proposed To New York’s Consumer-Protection Law

It’s hard to argue that New York’s consumer-protection laws (Gen. Bus. Law §§ 349350) are being underutilized by private plaintiffs.  But, on that claimed basis, the state’s Legislature is considering a multifaceted amendment that would make those laws vastly more plaintiff-friendly—and business-unfriendly—than they already are.  It’s hard to understate the impact these changes would have on the business community.  We’re not sure what the bill’s odds of passage are, but given the extremity of the amendments, we’re a bit surprised they haven’t attracted more public attention.

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Compelled Product Disclosures After NIFLA – First Impressions

This is an exciting time for manufacturers on guard against compelled disclosures in their product labeling or advertising.  Late last June, the Supreme Court decided  National Institute of Family & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018) (“NIFLA”), an abortion case with potentially far-reaching effects on the law of compelled commercial speech more generally.  However, as lower courts begin to interpret and apply NIFLA in the context of product disclosures, major uncertainties remain.

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