Samuel Becher of Victoria University of Wellington and Uri Benoliel of the College of Law and Business – Ramat Gan Law School have written Hidden Contracts, forthcoming in Brigham Young University Law Review. Here’s the abstract: Transparency is a promising means for enhancing democratic values, countering corruption, and reducing power abuse. Nonetheless, the potential of transparency […]
A trial judge in Cleveland has rejected a motion for discovery to identify the authors of various comments criticizing the police chief in Beachwood, a Cleveland suburb. (With the help of Cleveland lawyer Tom Haren, we filed an amicus brief in the case) The court adopted what it described as a modified version of the […]
FDA regulations set out different “serving sizes” that should be used on nutrition labels for different categories of food. In the “Fats and Oils” category, regulations have different sizes for “Butter, margarine, oil, shortening,” “Butter replacement, Powder,” and “Spray types.” Consumers sued the makers of “I Can’t Believe It’s Not Butter! Spray” contending that the […]
In 2018, C.S., a seven-year old with various food allergies, attended a family friend’s birthday party. The friend’s parent had purchased a cupcake at Whole Foods that had been labeled “vegan.” But that cupcake was not actually vegan, C.S.’s parents now allege, and C.S. suffered an allergic reaction, which has now led to “a number […]
David Horton of California, Davis has written Forced Robot Arbitration, forthcoming in 109 Cornell Law Review (2023). Here’s the abstract: Recently, advances in artificial intelligence (AI) have sparked interest in a topic that sounds like science fiction: robot judges. Researchers have harnessed AI to build programs that can predict the outcome of legal disputes. Some […]
One of the consumer law professors I most admire, Lauren Willis, appears on today’s episode of one of my favorite podcasts, the Consumer Finance Monitor Podcast, discussing her important work on performance-based regulation. You can listen to it here.
The Federal Trade Commission has approved a final consent order against The Bountiful Company for abusing a feature of Amazon.com to deceive consumers into thinking that its newly introduced supplements had more product ratings and reviews, higher average ratings, and “#1 Best Seller” and “Amazon’s Choice” badges. Details, including a link to the complaint, are […]
A growing number of state legislatures are considering bans on cosmetics and other consumer products that contain a group of synthetic, potentially harmful chemicals known as PFAS. AP has the story, here.
I’m finally getting around to listening to the House Financial Services Committee’s hearing March 9, 2023 on the CFPB. One of the witnesses at the hearing was Devin Watkins, an attorney at the conservative Competitive Enterprise Institute. Mr. Watkins’ testimony includes the following: The Seventh Amendment of the U.S. Constitution mandates that “In Suits at […]
Joann Needleman and Manny Newburger have an essay in the American Banker, In the fight over the CFPB, everyone could end up a loser. It’s behind a paywall but accessible on Lexis. You can read more about Needleman and Newburger at their linked bios. They write: Opponents of the CFPB risk throwing out the good with […]

