Category Archives: Uncategorized

Ninth Circuit rejects attempt to limit credit card fees based on protections for companies against punitive damages

[Update: David and I were clearly on the same page this morning — by the time I finished writing this post, he had already just posted on the same case. I'll leave my thoughts up as a complement to his.] In an opinion sympathetic in tone to the problems of ordinary consumers but ultimately unable […]

Vermont AG settlement: If something’s not from Vermont, you can’t say it is (and some gratuitous musings on consumer law enforcement)

by Brian Wolfman According to this Associated Press story, in 2012, the Vermont Attorney General sued a company called Vermints under Vermont’s consumer protection law alleging that Vermints had mislabeled its mints “Vermont’s All-Natural Mints” (my emphasis). What was the AG’s beef with the label? According to the suit, the company is Massachusetts-based and the […]

Some progress in the anti-obesity fight

We've covered extensively the law and policy fight against obesity and noted that there's been some (barely) measurable progress recently. That's the theme of this article from The Economist. Here's an excerpt: The overweight American, slurping a bucket of soda in his car, is an international stereotype. Thankfully, fewer Americans fit the mould. Obesity rates among […]

How should the FDA regulate misleading food labels?

Do you think that some food marketers (mis)label junky foods to try to make them seem healthy? Jennifer Pomeranz does, and she's written A Comprehensive Strategy to Overhaul FDA Authority for Misleading Food Labels to explain how, in her view, the Food and Drug Administration can make food labels less misleading, consistent with the First […]

How should agencies do cost-benefit review of financial regulation, and how should courts scrutinize that review?

Those are the subjects of Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications, by law professor John Coates. Here is the abstract: Some members of Congress, the D.C. Circuit, and legal academia are promoting a particular, abstract form of cost-benefit analysis for financial regulation: judicially enforced quantification. How would CBA work in practice, if […]

Many poor people taking advantage of ACA medicaid expansion

Perhaps sign-ups on the Affordable Care Act's exchanges are lagging, but, as explained in this article by Sabrina Tavernise, in states that have accepted the Act's medicaid expansion, the Act is providing health insurance to many people who previously lacked it. "In West Virginia," for example, "where the Democratic governor agreed to expand Medicaid eligibility, the […]

Geoffrey Stone Speaks at Public Citizen Symposium About Findings of NSA Review

by Allen B. Isaacson, guest blogger On Thursday, Geoffrey Stone, University of Chicago’s Edward H. Levi Distinguished Service Professor of Law, summarized the findings of a 300-page report titled Liberty and Security in a Changing World, released on December 12th by a panel of five law and intelligence experts (including Stone) appointed by President Obama […]