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IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

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This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more

IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

IMS Legal Strategies on

Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

Loeb & Loeb LLP on

The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 2

BakerHostetler on

On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more

Husch Blackwell LLP

Chocolate Therapy: The Legal Limits of Mood and Sleep Claims in Functional Foods

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Functional foods designed to promote relaxation, better sleep, and improved mood have exploded in popularity, and chocolate is increasingly the delivery method of choice. Calming confections featuring ingredients like...more

International Lawyers Network

Navigating “Made in Canada” Claims in 2025

Since the start of the year, Canadian consumers and businesses have rallied behind the “Elbows Up!” movement and are looking to “buy Canadian”. Homegrown goods are in high demand, and origin claims like “Made in...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

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FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

Klein Moynihan Turco LLP

Not Worth the Gamble: Major Deceptive Gaming Advertising Settlement Announced

On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings...more

Holland & Knight LLP

Red Flags Over Red 40: Heightened Regulatory Scrutiny on Use of Artificial Food Dyes

Holland & Knight LLP on

The regulatory landscape for consumer-packaged goods (CPG) brands is shifting, with artificial food dyes emerging as a central focus of both state and federal scrutiny. Recent actions by the federal and state governments,...more

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 1

BakerHostetler on

On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more

Kelley Drye & Warren LLP

FTC (and NAD) Celebrate ​“Made in USA” Month

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

Kilpatrick

NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

Kilpatrick on

The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

Blake, Cassels & Graydon LLP

Le Bureau de la concurrence publie des lignes directrices concernant les déclarations environnementales

Le 5 juin 2025, le Bureau de la concurrence (le « Bureau ») a publié la tant attendue version définitive de ses lignes directrices sur les nouvelles dispositions relatives aux déclarations environnementales, aussi appelées...more

Mintz

Canada Refines Focus on Greenwashing Prosecutions

Mintz on

Recently, the Canadian Competition Bureau published updated guidelines concerning its approach to environmental claims following last year's amendments to Canadian law that specifically targeted greenwashing. These...more

Kelley Drye & Warren LLP

Can Companies Use ​“Mass Balance Accounting” to Substantiate Green Claims?

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

Arnall Golden Gregory LLP

Let’s Get Clinical: FDA Issues NOV Regarding Misleading Clinical Data Promotion

When the Food and Drug Administration’s Office of Prescription Drug Promotion (“OPDP”) issued a recent Notice of Violation (“NOV”), some of us were humming, “Let’s get clinical,” to the tune of Olivia Newton-John’s 1982 hit...more

Orrick, Herrington & Sutcliffe LLP

Tennessee expands consumer protection against deceptive practices

On April 11, Tennessee enacted HB 911 (the “Act”), amending certain consumer protection measures. The Act introduces changes focusing on deceptive and unfair practices, motor vehicle-related misrepresentations, and regulatory...more

Venable LLP

Tariffs May Encourage Made in the USA Claims, but You Need to Be Careful

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With tariffs creating an atmosphere where “imported” may soon come to mean “expensive,” American businesses might be tempted to use their advertising and packaging to emphasize the American origin of their product, no matter...more

BakerHostetler

[Podcast] AD Nauseam: The Safety Dance on Safety Claims

BakerHostetler on

In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including...more

Blake, Cassels & Graydon LLP

Indications relatives à l’origine canadienne des produits : Risques liés à la réglementation et à la responsabilité civile

Les consommateurs canadiens sont de plus en plus favorables à l’idée de privilégier les produits locaux et, par conséquent, scrutent plus que jamais les étiquettes pour connaître l’origine des produits. De leur côté, les...more

Troutman Pepper Locke

Indiana AG and Gaming Commission Warn Consumers About Illegal Gambling Ads

Troutman Pepper Locke on

Indiana Attorney General (AG) Todd Rokita recently partnered with the Indiana Gaming Commission to alert consumers about advertisements for illegal gambling....more

BakerHostetler

[Podcast] AD Nauseam: Show Me the Money

BakerHostetler on

In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more

Jones Day

Major UK Bank Penalized by the ASA for Greenwashing

Jones Day on

On December 18, 2024, the Advertising Standards Authority ("ASA"), the UK's regulator of advertising, issued a ruling against Lloyds Bank plc ("Lloyds") following a complaint by Adfree Cities, a network challenging corporate...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Number 1” Claims Can be Qualified

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

Kelley Drye & Warren LLP

NAD Combs Through #1 Claims

Simpler Hair Color (or ​“SHC”) advertises that its products are ​“Rated #1 Men’s Hair Color” and ​“Rated #1 Men’s Hair & Beard Color” based on ​“Trustpilot​.com verified reviews.” Combe, a competitor, challenged the #1 claims...more

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