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Nelson Mullins Riley & Scarborough LLP

FTC Advertising Compliance for Foreign Manufacturers Entering the U.S. Market

As your company prepares to enter the U.S. market, it is essential to understand and comply with the Federal Trade Commission’s (FTC) advertising and labeling regulations. These rules are designed to protect consumers from...more

Kilpatrick

PFAS “forever chemical” cases: allegations dependent on testing must plausibly support theory of liability

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Takeaway: We have written about false advertising cases alleging that consumer products are contaminated with some sort of harmful substance. See, e.g., Federal court dismisses false advertising claims, ruling that studies...more

Katten Muchin Rosenman LLP

Texas and Louisiana Serve Up New Laws on Food Product Labels and Disclosures

In a significant move toward greater labeling transparency and state oversight of food policy, Texas and Louisiana have enacted new laws requiring special labels and disclosures for certain food ingredients. Aimed at...more

Bergeson & Campbell, P.C.

Prop 65 “Short Form” Warning Requirements — A Conversation with Lisa R. Burchi

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more

Cozen O'Connor

Latest Texas AG Food Probe Puts Mars in a Sticky Situation

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Texas AG Ken Paxton announced that he is investigating Mars, Inc., the maker of products like M&M’s and Skittles, for allegedly engaging in deceptive trade practices in violation of state consumer protection laws when...more

DLA Piper

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

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The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure...more

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

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

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

Morrison & Foerster LLP

FDA Targets 52 “Obsolete” Food Standards of Identity for Revocation

On July 17, 2025, FDA announced several rulemakings aimed at modernizing its standards of identity (SOIs) for food products – regulations that define what a food must contain and how it must be made to lawfully bear a...more

Gardner Law

FDA Signals Interest in Defining Ultraprocessed Foods

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In June 2025, the U.S. Food and Drug Administration announced it is evaluating whether to formally define the term ultraprocessed food (UPF)—a move that could influence future labeling regulations, public health guidance, and...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

Holland & Knight LLP

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

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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

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

Miller Canfield

Costly Claims: Corporations Confront the Consequences for Improper “Made in the USA” Claims

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The Made in the USA label carries significant marketing weight, especially in today’s political landscape, but it also comes with legal risks. Federal regulators and class action attorneys are scrutinizing origin claims,...more

McGuireWoods LLP

Retailers at Risk: FDA Issues Advisory on Recreational Nitrous Oxide Products

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On June 4, 2025, the U.S. Food and Drug Administration issued a public advisory urging consumers not to inhale nitrous oxide (N2O) from commercial dispensers, including canisters, tanks and portable chargers. The advisory...more

Perkins Coie

Notable Ruling Roundup - June 2025 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. John Daly, et al. v. The Wonderful Company, LLC, No. 1:24-cv-01267 (N.D. Ill. – March 3, 2025):...more

Stradling Yocca Carlson & Rauth

Vegan Collagen and the Law: Clean Beauty Claims Face Legal Scrutiny, but Courts Urge Common Sense

Clean Beauty Legal Risks Clean beauty claims have become the current "flavor of the month" for consumer class action lawsuits, particularly in California, New York, Florida, and Texas, where plaintiff's bar activity is...more

ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

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While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Kilpatrick

Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow's "Manufactured in the USA" Label

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A California jury recently found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming some of its teabags were “Manufactured in the USA.” The company...more

Jenner & Block

Microplastics Can Lead to Big Lawsuits

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Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment . Although there is not yet conclusive scientific evidence...more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

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

Hinch Newman LLP

Court Chops Up Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims

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A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more

BakerHostetler

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

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A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more

Kelley Drye & Warren LLP

Jury Awards Tea Drinkers $2.36 Million in Made in USA Dispute

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

Stikeman Elliott LLP

Minor Updates, Major Message? The Competition Bureau Clarifies Guidance on “Made in Canada” and “Product of Canada” Claims

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The Competition Bureau recently updated its Enforcement Guidelines for “Made in Canada” and “Product of Canada” claims, clarifying its approach to non-food products and highlighting new opportunities for private enforcement...more

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