Category Archives: Uncategorized

CFPB issues consumer advisory on data breaches (such as the Target data breach)

We've covered the Target data breach and posted pieces (here, for instance) suggesting what consumers can do to mitigate the risks from that breach and others like it. Now, the Consumer Financial Protection Bureau has issued a consumer advisory of its own on the topic. The agency has also issued a press release, which I'm […]

HIV drug pricing case leads to significant gay rights decision

An antitrust dispute between two pharmaceutical companies over the licensing and pricing of HIV drugs was the setting for a significant ruling from the Ninth Circuit this week regarding discrimination against gay jurors. Applying heightened scrutiny to LGBT jurors, the court held that using a peremptory strike to dismiss a gay juror violates the constitution. […]

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 […]