California’s consumer protection laws prohibit false advertising, as well as advertising that is “‘either actually misleading or which has a capacity, likelihood, or tendency to deceive or confuse the public.’” These claims...more
In Fleetwood Mac’s magnum opus, “Landslide,” Stevie Nicks croons, “Well, I’ve been ‘fraid of changin’ ‘cause I’ve built my life around you.” The FTC’s recent workshop on Made in the USA claims reveals a similar hesitancy to...more
10/7/2019
/ Advertising ,
Bad Actors ,
Buy American Act ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Imports ,
Made in the USA ,
Manufacturers ,
Online Marketplace ,
Product Labels ,
Public Comment
As has been widely reported, in May 2018, a Los Angeles Superior Court judge ruled that Prop 65 warning labels are required to be placed on “ready-to-drink” coffee products. Acrylamide, a Prop 65 listed chemical that...more
As this space has addressed before, the California Transparency in Supply Chain Act (Civ. Code section 1714.43), enacted in 2010, requires large retailers and manufacturers (those with worldwide sales in excess of $100...more
6/8/2018
/ Child Labor ,
Corporate Counsel ,
Disclosure Requirements ,
Duty to Disclose ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Manufacturers ,
Product Labels ,
Supply Chain ,
Transparency in Supply Chains Act
A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more
3/5/2018
/ Enforcement Actions ,
First Amendment ,
Government Speech Doctrine ,
Motion To Enjoin ,
Natural Products ,
OEHHA ,
Pesticides ,
Preliminary Injunctions ,
Product Labels ,
Proposition 65 ,
Retail Market ,
Toxic Exposure
Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings. For example, in 2014,...more
On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their...more
A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. On November 30, 2015, the lead plaintiff in Paz v. AG...more
California, the beacon of individualism and often marching to its own set of rules, has joined the rest of the country as Gov. Jerry Brown has signed SB 633 which revises California’s take on what constitutes “Made in USA”....more