California Digital Storefronts Must Now Explain License Terms of Digital Products

A new California law, AB 2426, signed by Governor Gavin Newsome on September 24, 2024, requires any company offering online-only digital goods to California consumers using “buy,” “purchase” or similar terms to clarify whether or not the goods are a transfer of ownership or are instead a license to the purchaser.

In essence, the law bans digital storefronts from using terms like “buy” or “purchase” if there is no transfer of ownership unless they also inform customers that they are not getting unrestricted access to the digital items they are paying for. Online sites using “buy,” purchase” or similar terms when offering digital goods will have to prominently state that customers are getting a license that can be revoked and provide the terms of the license. Companies that do not could be fined for false advertising or potentially sued by consumers.

Read the full story on the Duane Morris LLP website.

Taking Inventory of Regulatory Developments for Retail Employers in 2024

While the future of the federal regulatory state is uncertain after the Supreme Court ended Chevron deference in June, retailers ought to give immediate attention to a slew of new regulations affecting their workforce. Chances are, the regulations themselves are not on your summer reading list. Here we provide a top-line summary of four regulatory developments for retailers to keep top of mind as 2024 unfolds.  Continue reading “Taking Inventory of Regulatory Developments for Retail Employers in 2024”

No Asbestos in Cosmetic Talc Products Says FDA

On April 5, 2024, the U.S. Food and Drug Administration (FDA) confirmed that its third-party testing of cosmetic talc products for 2023 identified no traces of asbestos in any of the 50 cosmetic samples tested. FDA’s 2023 results, which were reported in a Cosmetics Constituent Update, are consistent with its testing for 2022 and 2021, which also failed to detect asbestos in any of the 50 cosmetic samples tested for those years. Read the full Alert on Duane Morris’ website.

House of Representatives Introduces Ban Water Beads Act

By Paul Rosenlund and Steven Perelman

On November 21, 2023, Representative Robin Kelly (D-IL), Representative Brittany Pettersen (D-CO) and Representative Frank Pallone, Jr. (D-NJ), introduced  the Ban Water Beads Act (H.R. 6468) to ban water beads marketed towards children. Water beads are super-absorbent polymer chemical spheres sometimes marketed as toys. This legislation would add water bead products to Section 8 of the existing Consumer Product Safety Act (CPSA) as a banned hazardous product. Therefore, the Consumer Product Safety Commission (CPSC) would be directed to enforce a ban on all water beads marketed as a toy, educational material, or art material or art product. Continue reading “House of Representatives Introduces Ban Water Beads Act”

How Will The EU’s AI Legislation Influence the Fashion Industry?

Europe’s strides in AI legislation have reached a historic milestone as the European Parliament greenlights the AI Act, setting a global precedent for comprehensive regulation in artificial intelligence development and use. This landmark legislation not only shapes the future of technology within the European Union but also holds significant implications for various sectors, including the fashion industry. […]

Duane Morris partner Agatha Liu emphasizes the need for fashion brands to adopt a customer-centric approach, prioritizing transparency and providing consumers with comprehensive insights into AI-driven processes. The Act’s focus on eradicating bias underscores the importance of inclusive AI models within the fashion industry.

Read the full article on the Vogue Business website.

How Beauty Companies Can Mitigate Risks Associated with AI Technology Use

From L’Oreal and Olay to Procter & Gamble and Shiseido, companies across the beauty industry are embracing AI technology with open arms. But what are the risks of incorporating AI technology into business practices, and how can beauty companies protect themselves? […]

For answers to these questions and a closer look at this rapidly growing segment of the beauty industry, CosmeticsDesign spoke to attorney Agatha Liu of Duane Morris LLP, for their insights and experience. Kelly Bonner’s practice focuses on litigation risk and regulatory issues affecting businesses in the cosmetics and personal care industries, as well as cross-jurisdictional and complex commercial disputes involving FDA-regulated and consumer-branded products, and Agatha Liu has assisted clients with AI-related legal needs.

Continue reading “How Beauty Companies Can Mitigate Risks Associated with AI Technology Use”

Balancing Innovation and AI Regulations in the Beauty Market

Duane Morris’ Agatha Liu  was interviewed by Personal Care Insights about the challenges and opportunities beauty companies face while using AI to appeal to younger consumer demographics. Below is an excerpt of the article.

How does the competitive landscape of the beauty industry impact businesses’ use of AI technologies, especially when it comes to targeting younger consumer segments?
Bonner
: The highly competitive nature of the beauty industry, with its desire to appeal to younger consumers, is certainly a key driver in beauty brands embracing AI tools to offer enhanced customer shopping experiences.

Can you provide some context about US AI regulations that the beauty industry should know? What do you expect is coming, especially considering the AI Act in the EU?

Liu: The EU AI Act imposes specific obligations on the providers and deployers of so-called high-risk AI systems, including testing, documentation, transparency and notification duties.

To read the full interview, please visit the Personal Care Insights page.

Beauty Is in the AI of the Beholder

Duane Morris partner Agatha Liu spoke with Personal Care Insights on potential risks, including personalization, appearance bias and regulatory compliance, as beauty companies integrate AI technologies.

What steps do you advise beauty companies to take to reduce the legal risks that could arise from implementing AI?
Liu: Very generally, companies should understand the technology they’re adopting and implementing and balance the benefits of the technology against potential legal pitfalls. That means liaising with outside counsel and privacy teams to obtain clarity and mitigate risks.  […]

Read the full interview on the Personal Care Insights website. 

What’s Driving Beauty Brands to Shutter in 2023?

Duane Morris partners Robert Kum and Cyndie Chang are quoted in the Glossy article “The unseen legal turmoil driving beauty brands to shutter in 2023.”

Despite positive projections about the future of the beauty industry, insiders say brands of all sizes are quietly grappling with unseen legal struggles.

[Founders] blamed, in large part, the California Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Prop 65.

Continue reading “What’s Driving Beauty Brands to Shutter in 2023?”

Tokens of Appreciation

Non-Fungible Tokens (NFTs) have become an increasingly popular way for companies to promote their fashion products.  Non-Fungible Tokens are a relatively new Blockchain-based technology that is changing the way people buy and sell digital assets. They can be used for authentication, anticounterfeiting, and to protect intellectual property rights.  An NFT is a unique digital identifier that is recorded on a Blockchain so as to certify ownership and authenticity of the thing identified by the token. Because NFTs are each unique, they differ from cryptocurrencies which are fungible. Non-Fungible Tokens cannot be duplicated, switched, or divided-up. The ownership of an NFT is recorded in a Blockchain and can be transferred by the owner, allowing NFTs to be bought, sold, and traded. Non-Fungible Tokens can be created by anybody with access to a Blockchain ecosystem.  Non-Fungible Tokens often include references to digital artworks, photos, videos, audio or fashion. An NFT may confer licensing rights to use a digital asset. Non-Fungible Tokens can be linked to physical items to improve verification of authenticity and provide traceability. They can also be used for marketing and customer loyalty programs.

In fashion, LVMH (Louis Vuitton) and Nike were among the first brands to create NFTs to drive brand engagement and loyalty. These digital assets allow brands to build a virtual sneaker, or a 3D model of a handbag or other accessory. They can also be incorporated into video games or other digital mediums, i.e., a Metaverse, to drive virtual engagement with the product.  Non-Fungible Tokens also provide a new channel for artists to showcase their work without having to rely on traditional copyright laws for protection. Artists can use NFTs to release their art as a digital item and have the freedom to sell it under their own terms.

A Metaverse is a virtual world, often on the net, that is essentially independent of our physical reality. It comprises multiple emerging technologies that promise the next level of interaction in the virtual and physical worlds.  A multi-billion dollar industry, the Metaverse is a virtual environment that includes a digital economy. It’s a decentralized ecosystem that is supported by cryptocurrencies and NFTs.  Companies and brands are making an effort to leverage the Metaverse as an innovative platform for marketing and sales. Many have already launched NFT-based products, including clothing. The fashion industry has jumped on the Metaverse bandwagon to promote its brands and products to younger consumers. Some of the biggest names in the industry have partnered with popular NFT platforms to drive their branded content. Fashion houses and labels are using NFT’s to promote their brand in virtual fashion shows. These shows allow users to try on virtual clothing in an augmented reality setting.  These virtual fashion shows also serve as a platform to engage with buyers and generate interest in the brand. Moreover, it can be a great way to reach Gen-Z and Gen Alpha customers who are less likely to shop offline. Continue reading “Tokens of Appreciation”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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