As our Tobacco + Nicotine team previously reported, FDA’s May 8, 2026 guidance (the 2026 Guidance or the Guidance) on enforcement priorities for certain unauthorized ENDS and nicotine pouch products created a path for products with pending premarket tobacco product applications (PMTAs) to remain on the market. That Guidance is now being challenged in federal court by advocacy organizations, threatening the viability of FDA’s enforcement discretion.
Clayton Friedman, Ashley L. Taylor, Jr., Namrata Kang, and Kyara Rivera Rivera, of the firm’s State Attorneys General practice, were published in the July 22, 2026, Bloomberg Law for their article, “States Are Cracking Down on Algorithmic Pricing. Are You Ready?“
On July 7, a bipartisan coalition of 49 state attorneys general (AGs) sent a letter to the Federal Communications Commission (FCC) urging the adoption of stronger measures to combat illegal robocalls. The letter represents another action by the state AGs’ Anti-Robocall Multistate Litigation Task Force, which was established in 2022 to crack down on illegal robocalls.
In June, New Jersey Governor Mikie Sherrill and Attorney General (AG) Jennifer Davenport announced a new statewide initiative on “junk fees.” With this announcement, New Jersey joins other states that have targeted “junk fees” as part of a broader focus on affordability.
Signed into law on June 9, 2026, Louisiana’s Click-to-Cancel Act imposes new auto-renewal disclosure, consent, and cancellation requirements on businesses, with compliance required by January 1, 2027.
Louisiana has enacted House Bill 750, officially titled the Click-to-Cancel Act. The act applies broadly to any person conducting business in Louisiana that offers consumers an automatic renewal contract — defined as any paid subscription or purchasing agreement that renews automatically at the end of a definite term or on a recurring basis. Louisiana joins a national trend, alongside California’s comprehensive Auto-Renewal Law and the Federal Trade Commission’s (FTC) federal “click-to-cancel” rulemaking regarding subscription billing. Businesses with recurring-charge models should begin preparing now.
On June 17, 2026, the Federal Trade Commission (FTC) announced that, at its request, a federal court temporarily halted a sprawling enterprise of alleged deceptive subscription schemes, comprising 15 corporations and eight individuals, from continuing to deceive consumers with hidden costs and recurring charges, while failing to provide simple mechanisms to cancel subscriptions. The FTC filed its complaint in the U.S. District Court for the Northern District of California on a 2-0 commission vote.
On June 10, 2026, a coalition of 18 state attorneys general entered into a $4.88 million settlement with GS Labs, LLC, resolving claims that the now-defunct testing company overcharged consumers for COVID-19 tests and engaged in deceptive advertising practices during the pandemic. The settlement requires GS Labs to pay up to $3.63 million in consumer restitution and $1.25 million in costs and fees to the states. The enforcement action highlights ongoing state-level efforts to hold companies accountable for alleged pandemic-era price gouging and deceptive trade practices and offers lessons for companies navigating consumer protection compliance during public health emergencies and beyond.
On May 11, 2026, the Washington attorney general (AG) settled with Homeaglow Inc. d/b/a Dazzling Cleaning (Homeaglow), a cleaning service company, and related parties, for $2.25 million over alleged violations of the Washington Consumer Protection Act for unfair and deceptive advertising and negative option membership practices.
On May 15, 2026, the U.S. Court of Appeals for the Fourth Circuit partially blocked Maryland’s new “greenwashing” law for retail electricity suppliers. Holding that the statute’s core advertising restriction likely violates the First Amendment, the court ordered a preliminary injunction against the provision limiting use of terms like “clean,” “green,” and “100% renewable” if the legislature’s specified conditions were not met. In contrast, the court remanded for further proceedings on Maryland’s newly issued disclosure requirements. The decision underscores the constitutional limits on how far states can go in policing environmental marketing claims — limits that are relevant to companies both in and outside the energy sector.
The New York Attorney General’s (AG) Office announced a $5 million settlement with Uphold HQ Inc. (Uphold), a cryptocurrency platform that allows users to buy, sell, and trade digital assets. The settlement resolves allegations that Uphold misleadingly promoted Cred Inc.’s now‑bankrupt investment product, CredEarn, to its customers as a safe, savings‑style vehicle.