Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
Podcast - FTC's Approach to Made in the USA Claims
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I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - Pandemic Marketing 101: Do’s and Don’ts to Market Your Brands, Products, and Services Safely
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Podcast: Non-binding Guidance: Former FDA Commissioner Scott Gottlieb’s Unfinished Business
Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more
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
On July 8, in the wake of the Federal Trade Commission’s (FTC) designation of July as “Made in the USA” (MUSA) Month, the FTC issued warning letters to four companies suspected of violating the FTC’s Made in USA Labeling Rule...more
There is nothing new about companies providing platforms for other companies to sell their wares. That is, after all, exactly what supermarkets do, and TV and radio networks have long run ads for other companies. The rise of...more
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
The Federal Trade Commission was quiet in its role as the Made in USA enforcement authority during the first few months of the Trump administration. But July left little doubt that the current FTC will continue the robust...more
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
We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he...more
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
The Trump administration declared “Made in America” to be “an economic and national security priority of this Administration” and has taken steps through tariffs and other means to encourage American manufacturing. Companies...more
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
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
It’s time for my favorite time of the year, when all the Valentine’s Day candy goes on sale! In honor of this sugary sweet clearance sale, I wanted to recap some of our favorite NAD chocolate cases. So whether you like milk...more
The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more
We are pleased to share our Q4 Food and Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space. In Q4 of...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more
U.S. Representatives Ayanna Pressley (D-Mass.), Nydia M. Velázquez (D-N.Y.) and Shontel Brown (D-Ohio) have sent a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf seeking an update on the agency’s...more
U.S. Senate Majority Whip Dick Durbin (D-Ill.) has introduced the Dietary Supplement Listing Act of 2024, which would require companies to provide the U.S. Food and Drug Administration with information such as product names,...more
The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more
Nebraska AG Mike Hilgers has announced four additional settlements in a series of lawsuits filed against retailers for allegedly selling mislabeled and harmful products containing synthetic THC in violation of Nebraska’s...more
“Science-washing,” or inaccurately using scientific terms in product marketing to encourage consumption, has become not only a consumer protection issue, but a threat to the reputation and long-term success of brands....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 this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against Old Southern Brass for False 'Made in the USA' Claims," consumer protection attorney Anthony DiResta examines Federal Trade Commission...more