Podcast - 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
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
Alaska’s Department of Law’s Consumer Protection Unit recently announced it obtained a Superior Court order issuing a $250,000 civil penalty against B. Merry Studio, which the state alleged to have marketed products as being...more
On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more
As previously reported by Home Textiles Today, the Federal Trade Commission (FTC) has announced a “record civil penalty” of $3.175 million against a retailer who failed to tell the truth about whether the products it sells...more
Tractor maker Kubota North America Corporation will pay a $2 million civil penalty for falsely labeling its replacement parts as “Made in USA,” the largest civil penalty ever in a Federal Trade Commission (FTC) Made in USA...more
We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification in the...more
The Federal Trade Commission (FTC) continues to crack down on companies for falsely advertising that their products are “Made in USA,” as most recently announced in a press release issued on March 30, 2023....more
LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more
The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more
Last week the Federal Trade Commission (FTC) announced it had issued a complaint and proposed consent order against Instant Brands LLC for allegedly marketing products as “Made in the USA,” when they were actually made in...more
The Federal Trade Commission (“FTC”) has recently begun placing more of an emphasis on Made in the USA (“MUSA”) labeling violations. A MUSA violation occurs when a company labels its product with “Made in the United States”...more
On August 30, the Federal Trade Commission announced a complaint and proposed order for Ohio-based Electrowarmth Products, LLC and its owner, alleging they improperly claimed that their heated fabric truck bunk...more
Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more
Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more
This summer, the Federal Trade Commission (FTC) published final rules codifying its long-running standard for “Made in USA” product labels. The Commission also announced its 2022 timeline for rolling out a new version of the...more
On January 25, 2021, President Joe Biden issued an Executive Order entitled “Ensuring the Future is Made in America by All of America’s Workers,” which directs a broad review and strengthening of governmental procurement and...more
A recent Federal Trade Commission (“FTC”) settlement reinforces the need for companies to substantiate MADE IN THE USA product claims in advertisements. Gennex Media LLC and its owner, Akil Kurji, recently found themselves...more
Following a public comment period, the Federal Trade Commission (FTC) recently approved a consent order resolving a complaint alleging deceptive “Made in USA” labeling and advertising practices against Chemence, Inc., a glue...more
LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more
LEGISLATION, REGULATIONS & STANDARDS - Medical Groups Call for SSB Taxes- The American Academy of Pediatrics and the American Heart Association have issued a policy statement calling for taxes on sugar-sweetened...more
The U.S. Appeals Court for the 9th Circuit issued a favorable decision earlier this year interpreting the California “made in the USA” statute. In a March 2018 unpublished opinion, the court affirmed the dismissal of lawsuits...more
Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more
Considering a Retail Merger? The UK Competition and Markets Authority ("CMA") has published new commentary to inform companies on how it assess retail mergers. ...more