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ARTICLE · 04 FEBRUARY 2026

Stay ADvised: 2026, Issue 3

Davis Wright Tremaine LLP
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Two companion bills pending in the Washington Legislature—SB 5976 and HB 2274—would make targeted but significant changes to Washington's Commercial Electronic Mail Act (CEMA).

United StatesMedia, Telecoms, IT, Entertainment
Davis Wright Tremaine LLP
Davis Wright Tremaine LLP

In This Issue:

  • Washington CEMA Update: Proposed Legislative Response to Surge in Email Marketing Litigation
  • USDA Food Labeling Rule Tightening "Product of USA" Claims Now Effective
  • GameStop Targeted With Consumer Suit Over Alleged Digital Property Rights Transparency Law Violations
  • NAD Flags Risks in Broad Fee and Pricing Claims
  • Lidl's Food May Be Fresh, But Its Pricing Claims Are Stale, Finds NAD

Washington CEMA Update: Proposed Legislative Response to Surge in Email Marketing Litigation

Two companion bills pending in the Washington Legislature—SB 5976 and HB 2274—would make targeted but significant changes to Washington's Commercial Electronic Mail Act (CEMA). The bills come against the backdrop of an unprecedented surge in CEMA class actions following a 2025 Washington Supreme Court decision that interpreted CEMA's prohibition on "false or misleading" subject lines far more broadly than many companies had anticipated.

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