Federal Consumer Protection News and Other Items of Interest: May 2021
Federal Consumer Protection News President Biden issued an Executive Order on Improving the Nation’s Cybersecurity following the ransomware attack on the Colonial Pipeline which led to the pipeline shutting down and declarations of emergency and gasoline supply shortages in some states. The order declared that “the prevention, detection, assessment, and remediation of cyber incidents is a top…
Attorney General Consumer Protection News: May 2021
Multistate Actions Led by Massachusetts Attorney General Maura Healey, Nebraska Attorney General Doug Peterson, Tennessee Attorney General Herbert H. Slatery III, and Vermont Attorney General T.J. Donovan, a bipartisan coalition of 44 attorneys general urged Facebook to abandon its launch of Instagram Kids, a social media platform for children under the age of 13. The…
Consumer Chief of the Month: Brandon Garod, New Hampshire Attorney General’s Office
As I have only been New Hampshire’s Consumer Chief for a little over two years, I have not yet had the opportunity to meet many of you. I am hoping that as life starts to return to normal, our ability to congregate and learn from shared experiences will return as well, and I will be…
Using UDAP in an Action Against the Manufacturers of the Antiplatelet Medication Plavix
In 2014, the State of Hawai‘i sued the manufacturers of the antiplatelet medication Plavix in state court for violating Hawaii’s unfair or deceptive trade practices act, chapter 480, Hawai‘i Revised Statutes (“UDAP”). After a four-week, virtual, non-jury trial concluded in November 2020, the Hawai‘i trial court entered judgment awarding more than $834 million in civil…
Determining Synthetic Nicotine’s Place in the Tobacco and Nicotine Regulation Landscape
Synthetic nicotine, sometimes referred to as “tobacco-free nicotine,” is a man-made chemical version of nicotine that is not derived from tobacco. Recently, several synthetic nicotine products have entered the market and, with them, questions on how they will be regulated. The U.S. Food and Drug Administration (FDA) regulates all products that are “made or derived…
Risk-Based Pricing and the Role of State Attorneys General in Enforcement
Risk-based pricing is a practice in which a business charges consumers who are a greater credit risk more money for the same goods or services provided to other consumers who are less risky.1 Risk-based pricing is used in many industries, including insurance and banking, but the focus of this article is its use in consumer…
Attorneys General Urge Congressional Support for Fraud and Scam Reduction Act
Washington, D.C. — The National Association of Attorneys General (NAAG), on behalf of a bipartisan coalition of 47 state and territory attorneys general, is urging Congress to support the Fraud and Scam Reduction Act (H.R. 1215). The legislation, comprised of the Stop Senior Scam Act and Seniors Fraud Prevention Act of 2021, will assist stakeholders…
Current Status of COVID-19 Vaccines Rollout Nationwide: May 2021 Update for the Attorney General Community
Here in the U.S., average daily rates of COVID-19 vaccines administered has decreased from a peak of 3.3 million on April 11 to 1.8 million in May. Approximately 1.3 million people per day are achieving fully vaccinated status (i.e., having received either both doses of Pfizer/BioNTech or Moderna vaccine or one dose of the Johnson…
Recent Congressional Action on Substance Use and What to Expect this Year
On Capitol Hill, there has been a flurry of activity on legislation related to expanding access to medication for opioid use disorder treatment, extending the classification of illicit fentanyl analogues as Schedule I under the Controlled Substances Act (CSA), and removing barriers to financial services for cannabis-related businesses. As the 117th Congress continues, below is…
Subpoenaing Out of State Witnesses
Introduction Can a prosecutor in State A, who has brought charges against a defendant in a State A court, compel an important out-of-state witness, W, to leave State B to testify in the State A trial? If so, how? The answer is yes, by using the Uniform Act to Secure the Attendance of Witnesses from…
