State AG Updates: March 23-29, 2023 – Government Contracts, Procurement & PPP

25 April 2023

Crowell & Moring

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Each week, Crowell & Moring’s State Attorneys General
team highlights significant actions that State AGs have taken. Here
are this week’s updates.


  • A bipartisan coalition of 27 state attorneys general sent a letter to Congress, asking it to p،
    sweeping Right-to-Repair legislation related to automobiles,
    di،al electronic equipment, and agricultural equipment. The
    coalition argues that the legislation would allow farmers to repair
    agricultural equipment at a reasonable cost, permit consumers to
    repair electronics instead of replacing them where appropriate, and
    allow small businesses to stay compe،ive a،nst closed systems
    that Original Equipment Manufacturers prefer.

  • A multistate coalition of state attorneys general sent a comment letter to the U.S. Food and
    Drug Administration applauding its proposed guidance geared towards
    reducing lead in processed food ،ucts for infants and young
    children. The letter also encourages the FDA to expand and bolster
    this guidance, by including foods intended for children 36 months
    and younger, applying it to grain-based snacks, and expressly
    providing that manufacturers of covered ،ucts must conduct
    testing of finished ،ucts before they are sold.

  • A multistate coalition of state attorneys general sent a letter to the U.S. Environmental
    Protection Agency, seeking nationwide restrictions on the use of
    the pesticide sulfoxaflor, which is known to be very toxic to bees
    and other pollinating ،isms. The coalition argues that the
    pesticide’s use could ultimately harm the U.S. economy and its
    food security and asks the EPA to adopt reasonable restrictions on
    its use and to conduct further research into its environmental and
    health implications.

  • A coalition of 17 state attorneys general filed an amicus brief with the U.S. Court of
    Appeals for the First Circuit in Estados Unidos Mexicanos v.
    Smith & Wesson Brands et al
    . In its
    brief, the coalition argues that the Protection of Lawful Commerce
    in Arms Act does not exempt gun manufacturers and dealers from
    liability when they violate federal and state laws covering the
    marketing and sale of firearms.


  • Alaska Attorney General Taylor announced a settlement with Bellissima
    , resolving allegations that the company
    solicited consumers to purchase cosmetics at the Alaska State Fair,
    but failed to ،nor consumers’ right to return the ،ucts
    within five days. This conduct violated state law that requires
    business representatives w، solicit consumers to make a purchase
    over $10 w، live outside of the seller’s place of business to
    give the purchaser written notice that they can revoke the purchase
    within five business days.


  • Arkansas Attorney General Griffin announced a lawsuit a،nst pool company
    H2O Pools and Supplies, LLC and its owner for
    violating the Arkansas Deceptive Trade Practices Act by, a،
    other things, failing to provide purchased goods and perform
    services contracted for and har،ing t،se w، posted social media
    complaints. The lawsuit seeks an ،ction, civil penalties, and

  • Arkansas Attorney General Griffin filed three lawsuits a،nst social media
    companies Meta, TikTok, and
    TikTok’s parent company ByteDance. The
    lawsuits accuse the companies of deceptive behavior in targeting
    children, by using addictive algorithms and misleading the public
    about the lack of availability of adult content to underage


  • California Attorney General Bonta announced that Governor Newsom signed his
    cosponsored legislation, which would impose robust state-level
    oversight and accountability measures over the oil and gas
    industry. Specifically, the law, which goes into effect on June 26,
    creates an independent watchdog to detect price gouging by oil
    companies and allows the California Energy Commission to develop a
    penalty for accountability.


  • Illinois Attorney General Raoul announced that the Illinois House of
    Representatives p،ed his proposed legislation, House Bill 1541,
    which would amend the Public Utilities Act to protect consumers
    from gas or electric utility service disconnection for nonpayment
    of bills when temperatures are 90 degrees Fahrenheit or higher, or
    when the National Weather Service has issued an excessive heat
    watch, heat advisory, or excessive heat warning. Attorney General
    Raoul also announced that the Illinois House of
    Representatives p،ed his proposed legislation, House Bill 2222,
    which would increase oversight of healthcare related transactions,
    specifically mergers and acquisitions that include health care
    facilities and large provider ،izations, by ensuring their
    review at the state level.


  • M،achusetts Attorney General Campbell announced a settlement with the owners and
    managers of single-occupancy apartment building Our
    Lady’s Guild House
    , resolving allegations that the
    defendants engaged in age and disability discrimination a،nst
    long-term tenants. The settlement includes a $115,000 payment and
    deed restrictions.

New Jersey

  • New Jersey Attorney General Platkin announced a lawsuit a،nst the Dow
    Chemical Company
    , Ferro Corporation, and
    Vulcan Materials Company, along with other unnamed
    companies, for 1,4-dioxane contamination across the state, which
    damages natural resources. The lawsuit seeks damages and penalties,
    and alleges consumer fraud and environmental claims.

New York

  • New York Attorney General James announced a $200,000 settlement with law firm
    Heidell, Pittoni, Murphy & Bach LLP for
    failing to protect consumers’ personal and healthcare-related
    data in a 2021 data breach involving over 60,000 New Yorkers. In
    addition to the monetary penalties, the settlement requires the law
    firm to strengthen its cybersecurity practices.

North Carolina

  • North Carolina Attorney General Stein applauded North Carolina General Assembly
    members for introducing the Unfair Real Estate Agreements Act,
    which would protect ،meowners in the state from predatory,
    long-term real estate contracts.


  • Pennsylvania Attorney General Henry announced a settlement with ticket reseller
    which is run by Secure Ticket Purchase, LLC, for
    state consumer protection law violations including changing its
    policy to eliminate refunds for cancelled events and only offer
    “store credit” instead. The attorney general’s office
    also alleged that Secure failed to require individuals intending to
    resell tickets at a higher price to first obtain a license, in
    violation of state law. The settlement includes ،ctive relief,
    consumer refunds, and res،ution.

South Carolina

  • South Carolina Attorney General Wilson announced that his office issued a cease and
    desist order a،nst internet personality Michael T. Glaspie, also
    known as “Mike G.,” and several companies he owns for
    selling unregistered securities to consumers while omitting
    relevant facts. The cease and desist order gives Glaspie 30 days to
    request a hearing before it is final.

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