Consumer Protection Law Commons^™

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

The purpose of this update is to present the main events that have taken place each six months in the food law sector in the European Union (E.U.). This presentation will cover June through December 2004, but is not exhaustive. This update will not include detailed discussions of regulations, such as authorizations of new additives for animal feed or registrations of new geographic names. Instead it will concentrate on fundamental topics and focus on food, which excludes from our scope questions regarding the management of agricultural products (Common Agricultural Policy, or CAP). However, some questions which legally pertain to the …

United States Food Law Update, Michael T. Roberts, Margie Alsbrook

Journal of Food Law & Policy

The one constancy about food law in the United States is change, especially in a rapidly-developing food industry. Innovations in food technology, shifts in popular culture and tastes, concerns of safety and nutrition, pressures from international markets, all contribute to the changing landscape of food law. These changes are reflected in new federal statutes, regulations, administrative decisions, and judicial decisions.

The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose

Brooklyn Journal of Corporate, Financial & Commercial Law

The internet has transformed into a museum of personal information collected through the digital footprint we leave behind after each act performed on the web. Businesses have monetized this collection of personal data in various ways. For instance, many companies analyze this information through predicting analytics and data profiling to identify consumer interests that they can exploit as a means to generate revenue. Though user data promotes many benefits for businesses and consumers alike, the recent data breaches of massive companies, coupled with hazy privacy disclosures that beget consent disputes, have left both users and businesses perturbed and exposed to …

Let's Stop Playing Games: Why Better Congressional Interaction Is Required To Protect Young Gamers, Dominick Tarantino

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the predatory nature of video game microtransactions, the serious risks they pose, and why an improved plan of legislative intervention is necessary to protect young, vulnerable video game consumers. With loot box microtransactions driving a flourishing industry that has reached unprecedented levels of success, adequate consumer protection cannot properly be achieved through self-regulation. Senator Josh Hawley’s Protecting Children from Abusive Games Act is a step in the right direction, but its broad language will result in unintended consequences that can cripple the entire industry. Revising the bill’s language will protect the intended young consumer and allow for …

The Real Toy Story: The San Francisco Board Of Supervisors Healthy Food Incentives Ordinance, Cortney Price

Journal of Food Law & Policy

Obesity among children in the United States has tripled over the last thirty years. Incidentally, the world's largest fast food restaurant, McDonald's, first introduced its children's Happy Meal thirty-two years ago. Shortly thereafter, the first Disney inspired toy found its way into Happy Meals and the hearts of the "billions and billions served." Although the iconic Happy Meal and accompanying toy have become "a staple of Americana akin to baseball and apple pie," the continued existence of the practice is being threatened in light of the powerful influence toys have on children's food choices, thus contributing to the current obesity …

Health And Welfare Preempted: How National Meat Association V. Harris Undermines Federalism, Food Safety, And Animal Protection, Marya Torrez

Journal of Food Law & Policy

In 2008, the Humane Society of the United States (HSUS) released an undercover video filmed at the Hallmark Meat Packing Company and Westland Meat Company (Hallmark/Westland) in Chino, California. "The footage depicted nonambulatory cows being kicked, dragged, electrocuted, jammed with forklifts and sprayed in the nostrils with water to simulate drowning - in an effort to get them to stand up and walk to their slaughter." At least five inspectors from the U.S. Department of Agriculture (USDA) - the federal agency tasked with ensuring that food safety and animal welfare guidelines are followed - were present at the time. The …

Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2021-0006, Patricia Mccoy

Boston College Law School Faculty Papers

In this comment Professor McCoy responds to a proposed rule on protections for borrowers affected by the Covid-19 emergency under RESPA and Regulation X from the Consumer Financial Protection Bureau.

Consumer Electronic Right To Repair Laws: Focusing On An Environmental Foundation, Joshua Turiel

William & Mary Environmental Law and Policy Review

No abstract provided.

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.

Mobile Money And Consumer Protection: An Analysis Of Regulatory Environments To Enable Mobile Money, Abenezer Mechale

Joseph Wharton Scholars

Since its rise in the early 2000s, mobile money has become one of the most successful innovations of the emerging economies. This paper provides an overview of the many benefits that mobile money provides within the context of emerging economies and makes the argument that enabling government regulation is crucial to the development of successful mobile money systems. More specifically, we find that within the context of sub-Saharan Africa, consumer protection is the most important aspect of government regulation that predicts the spread of mobile money. The paper also recommends a set of policy tools such as third-party fiduciary requirements …

A Storm Is Brewing: How Federal Ambivalence Regarding Below-Cost Pricing Turns A Blind Eye To Monopoly Risk In The Beer Market, Daniel Croxall

Loyola of Los Angeles Law Review

Large beer manufacturers, known colloquially as “Big Beer,” have been steadily losing market share to small, independent craft breweries. Big Beer wants it market share back, and in some cases will go to great lengths to try to defend its dominance—even anticompetitive conduct. Below-cost pricing is one avenue that presents a risk to independent craft breweries. This Article examines how Big Beer can manipulate the beer market in its favor by engaging in predatory pricing. Further, this Article proposes a solution that could be implemented on a nation-wide scale to curtail Big Beer’s anticompetitive activities with respect to pricing.

No Shirt, No Shoes, No Mask, No Entry, And (Hopefully) No Lawsuits Under The Georgia Covid-19 Business Safety Act!, Franklin Schrum

Mercer Law Review

The COVID-19 Pandemic continues to send shockwaves throughout the United States and all other nations by impacting much more than just the way we live and go about our normal day. Today, in most states, it is considered a common norm to see someone wearing a mask, frequently using sanitizer, or even stocking up on an abnormal amount of household items like toilet paper. Globally, over a million lives have been lost, businesses have become bankrupt, and the economy initially fallen substantially due to the Pandemic. Prominent retailers such as Brooks Brothers, J. Crew, and JCPenney have all filed for …

Attempting—And Failing—To Balance Fairness And Efficiency In The Arbitral System: How Arbitration Institutions Are Defeating The Purpose Of Arbitration, Hannah N Myslik

Texas A&M Law Review

The Supreme Court has actively expanded the Federal Arbitration Act into realms not originally contemplated by Congress. This harms consumers who are parties to pre-dispute, binding arbitration agreements. If consumers sign a contract containing an arbitration agreement, they may be required to arbitrate everything within the agreement’s scope, including their statutory rights. Simultaneously, the Court has restricted class action arbitration—a device on which consumers have relied when they are forced to arbitrate.

The Court’s expansion of arbitration and restriction of class action arbitration has led many to distrust and advocate for changing the arbitral system. Arbitration institutions have directly reacted …

Preparing Halal Tourism Regulations In Indonesia, Deden Effendi, Aden Rosadi, Yoyok Prasetyo, Cucu Susilawati, Mohamad Anton Athoillah

International Journal of Religious Tourism and Pilgrimage

The study discusses the preparation of halal tourism regulations in Indonesia. The aim is to illustrate the importance of halal tourism regulations and how this may strengthen the Indonesian economy. This study is a qualitative one, using academic books and articles in addition to a review of law and regulations as the analysis method. It demonstrates that halal tourism requires principal regulations to be used as guidelines for halal tourism implementation. These can be used both by halal tourism business operators and tourists as halal tourism consumers. Law Number 33 of 2014 concerning Halal Product Guarantee and Government Regulation Number …

Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein

SMU Science and Technology Law Review

No abstract provided.

The Rise Of "Fringetech": Regulatory Risks In Earned-Wage Access, Nakita Q. Cuttino

Northwestern University Law Review

By many accounts, the financial technology, or FinTech, sector appears to have developed an innovative solution to assist low-income workers with income shortfalls between standard paydays by displacing fringe financial service providers, namely payday lenders. Earned wage access programs facilitate early transfers of earned-but-unpaid wages to low- income workers through mobile platforms, algorithmic technology, and GPS tracking. To many, earned wage access programs represent a win-win for employees and employers. These programs are believed to be cheaper and safer alternatives to payday loans. Preliminary research also suggests these programs improve labor-retention rates for employers and help reduce financial distress for …

أ.د. رمضان علي السيد الشرنباصي، الضوابط الشرعية لحماية المستهلك

UAEU Law Journal

لم توجد حماية تشريعية للمستهلك في القوانين الوضعية إلا بعد عام سنة 1945م، عقب الحرب العالمية الثانية حيث الأزمة الاقتصادية الطاحنة التي اجتاحت العالم في تلك الآونة وعجز الانتاج عن الوفاء بمطالب الناس وارتفعت الأسعار وضاق الناس ظرعاً بهذا الأمر الذي تنبه له المشرع الوضعي ووضع القوانين حماية للمستهلك ابتداء من هذا العام وليس الأمر كذلك في الفقه الإسلامي، فإن حماية المستهلك في التشريعات الإسلامية تمت في عصر تكوين الرسالة في عهده -صلي الله عليه وسلم- والمعروف أن الشريعة الإسلامية نظمت الحياة الإنسانية على الإطلاق في المعاش والمعاد ( أي في الدنيا والآخرة، ومن يك في مرية من هذا فليراجع …

The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm

University of St. Thomas Law Journal

No abstract provided.

Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath

University of St. Thomas Law Journal

No abstract provided.

Corruption In Capsules: How It Is Legal For Companies To Put Harmful Ingredients In Vitamins And Dietary Supplements, Emily Leggiero

English Department: Research for Change - Wicked Problems in Our World

The vitamin and supplement industry has increased exponentially in profits as well as potential products on the market since the turn of the century. However, these products are not regulated, nor do they undergo any premarket clinical research or testing. Public health is compromised by vitamins and supplements that are available for American consumption that is disproportionately unregulated to their chemically similar counterparts. This wicked problem is facilitated through the combination of historical legislative definitions that has since been distorted for corrupt administrative gain through the allotment of corporate expenditures. Company disbursements are made to the same policymakers that create …