As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more
7/23/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Imports ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
Online Marketplace ,
Product Labels ,
Retailers ,
Unfair or Deceptive Trade Practices ,
Warning Letters
On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Chairman Ferguson noted that in a recent poll, 61% of Americans stated that whether a product was “Made in USA” played a factor in their...more
Coterie Baby advertises that its diapers provide “up to 4x more absorbency” and “up to 3x drier skin” compared to “leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. NAD’s decision covers a...more
Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: “It’s a better mouthwash. I...more
In 2021, California enacted the SB 343 – “Truth in Recycling Law” – which generally prohibits companies from using the “chasing arrows” symbol or otherwise implying that a product or package is recyclable, unless the...more
Rascals advertises that the Hydrolock Core in its diapers “holds up to 25 x its weight” and “absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more
Tempur-Pedic ran ads on social media asking viewers whether they want a mattress “that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more
In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually...more
James Hardie Building Products makes fiber cement home siding. The company produced a video demonstration that compared the combustibility of its siding to various competing products when exposed to a blowtorch. At the...more
DREO advertises that it is the “No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the “number 1” brand in both of those categories. Because there can’t be two “number 1”...more
In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the teas are actually grown...more
Last week, the FTC released an updated version of its Complying with the Made in USA Standard business guide. The heart of the guidance remains the same: if you expressly or implicitly state that a product is Made in the USA...more
In 1985, Bon Jovi released their second studio album, 7800° Fahrenheit. As a good New Jersey resident with good taste in music, I bought the album. I remember learning that the title supposedly referred to the melting point...more
This week, just a few days before the Fourth of July holiday, the FTC announced a settlement with three fashion companies (that operated together as a common enterprise) over patriotic claims that the companies made about...more
The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more
The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more
As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant...more
Last week, New York lawmakers announced a bill aimed at imposing sustainability reporting requirements on the fashion industry. If passed, the Fashion Sustainability and Social Accountability Act would generally require major...more
Last week, California’s Governor signed a law that will likely impose significant limitations on companies’ abilities to make recyclability claims or use the popular “chasing arrows” symbol in California....more
This week, the FTC announced that Federal-Mogul Motorparts had agreed to settle a complaint alleging that the company made unsubstantiated claims that its aftermarket Wagner OEX brake pads could help a driver stop a vehicle...more
We frequently help clients figure out how to deal with laws that are outdated, so it’s nice to see when one of those laws gets updated to reflect current technology. Last month, President Obama signed the E-Warranty Act of...more
The NAD recently determined that Euro-Pro could not support a claim that its Shark vacuum receives “more 5-star online reviews than any other vacuum brand.” To support the claim, Euro-Pro had looked at over 4,000 verified...more