On October 5, Arkansas Attorney General (AG) Tim Griffin issued an enforcement advisory to Arkansas solar installation companies. The letter outlines solar installation companies’ legal obligations under the Arkansas Deceptive Trade Practices Act. Specifically, Griffin expresses concern over companies’ “predatory sales tactics” and deficient contracts.

On August 9, District of Columbia Attorney General Brian L. Schwalb issued a Supplemental Business Advisory regarding restaurants’ obligation to properly disclose service fees and charges to diners. The advisory comes after the Office of the Attorney General’s (OAG) March 2023 consumer alert providing guidance on unlawful restaurant fees.

In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products. Notably, FDA’s most recent letters target several popular disposable flavored products, including Elf Bar, EB Design, Lava, Cali, Bang, and Kangertech, which FDA states are particularly appealing to youth. FDA also sought civil money penalties against 22 retailers for failing to comply with prior warning letters and, for the first time, sought the maximum penalty allowed by law.

Four state attorneys general (state AGs) – Colorado, Oregon, Pennsylvania, and Texas – have announced resolutions with Choice Hotels International, Inc. (Choice Hotels), a prominent hotel conglomerate known for operating brands like Quality Inn, Sleep Inn, and Econo Lodge related to the company’s practice of charging hidden “resort” fees.

As the end of fiscal year 2023 approaches, the potential for a shutdown looms due to Congress not passing necessary spending bills. Our partners provide guidance for government contractors on mitigating economic risks in the event of a shutdown. Key steps include preparing and updating an inventory of open contracts and agreements, seeking specific instructions from the contracting officer in writing, and setting up new cost pools to track costs related to the shutdown. Contractors are advised to keep accurate records of decisions, instructions, and costs incurred during the shutdown to maximize recovery potential. Upon the end of the shutdown, contractors should assess and quantify increased costs and seek recovery where economically viable.

State attorneys general (AG) are continuing their push for cannabis banking reform, underscoring the need for action to promote public health and safety in legal cannabis markets. On Wednesday, a bipartisan group of 22 state AGs sent a letter to Congress urging passage of the Secure And Fair Enforcement Regulation (SAFER) Banking Act, coinciding

On September 25, California Attorney General (AG) Rob Bonta announced a settlement with Biora Therapeutics, Inc. (Biora) regarding misleading claims the company made concerning the cost of its genetic testing services. Under the settlement agreement, Biora must waive all California customers’ outstanding debts and pay $200,000 in penalties.

Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to alleged per- and polyfluoroalkyl substance (PFAS) contamination of the regional drinking water supply caused by the airport authority.

On September 13, Tennessee Attorney General (AG) Jonathan Skrmetti sent a letter to members of the Net Zero Financial Service Providers Alliance (NZFSPA) warning that their commitment to support “global net zero greenhouse gas emissions by 2050 or sooner” may violate state and federal law. Specifically, Skrmetti — and the 22 AGs who co-signed his letter — expressed “concerns” that NZFSPA’s commitments “may run afoul of” federal antitrust and state consumer protection statutes. The AGs request that NZFSPA members respond by October 13, providing detailed information regarding their “commitments and related policies.”

On September 5, the attorney generals (AGs) of 54 U.S. states and territories called on Congress to address bad actors who generate child sexual abuse material (CSAM) using artificial technology (AI). Framing the issue as a “race against time,” the letter highlights the harms of AI-generated CSAM, and asks Congress to study and propose solutions.