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Product Labels Marketing Federal Trade Commission (FTC)

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

BakerHostetler

Use Caution When Getting All Fire (Crackered) Up with Your Patriotic Posts this July

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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

McGuireWoods LLP

Companies Moving Manufacturing to U.S. Must Be Careful of “Made in USA” Rule and Guidance

McGuireWoods LLP on

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

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

BakerHostetler

Chocolate Cases Worth Melting For

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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

Venable LLP

Made in USA Claims: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

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

Foley & Lardner LLP

“Science-Washing” in the Beauty Industry: Marketing Do’s & Don’ts

Foley & Lardner LLP on

“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

Kelley Drye & Warren LLP

Court Sides with Tea Drinkers 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 teas are actually grown...more

Troutman Pepper Locke

Once Again, the FTC Shows How Serious It Takes False Made in USA Claims With Its $3.7M Fine

Troutman Pepper Locke on

Last Friday the FTC business blog reported the largest civil penalty received in a case involving the ‎FTC’s Made in USA labeling rule. In 2022, Williams-Sonoma, Inc., entered into an administrative ‎order with the Federal...more

Fox Rothschild LLP

NAD Reiterates Health Claim Guidance

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The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more

Kelley Drye & Warren LLP

FTC Announces $2 Million Penalty over Made in USA Claims

I’ve never owned a tractor, but based on Kenny Chesney’s 1999 hit She Thinks My Tractor’s Sexy, I understand that some people find them to be quite alluring. (The same goes for farmer’s tans, but that’s more relevant to this...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin- November 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA to Push Back Enforcement of Certain MoCRA Requirements - The U.S. Food and Drug Administration (FDA) has announced that it intends to delay enforcement of cosmetic product...more

BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

BakerHostetler

AD-ttorneys@law - August 2023 #2

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“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more

BakerHostetler

AD-ttorneys@law - August 2023

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CSPI: Performance Enhancer Supplements Aren’t What They Seem - Manufacturers need to start by including the advertised ingredients - Double-Dog Dare You - Would you eat something called Rauvolfia vomitoria? No? Of...more

BakerHostetler

Greenwashing or Hair Washing?

BakerHostetler on

When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means...more

McDermott Will & Schulte

Going ‘Green’—What Does That Mean? FTC Proposes Revisions To Green Guides

As consumers actively seek more environmentally friendly products and services, companies have increased “green” advertising efforts to highlight eco-friendly claims and certifications related to carbon emissions, renewable...more

ArentFox Schiff

FTC Cracks Down Against False Made in USA Advertisements

ArentFox Schiff on

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

BakerHostetler

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

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Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more

Kelley Drye & Warren LLP

FTC Challenges Half-Baked “Made in USA” Claims

Instant Brands advertises that its Pyrex glass products are “Proudly Made in USA” and as “American as Apple Pie.” For many years, it appears that Instant Brands’ claims complied with the requirements set forth in FTC’s Made...more

Holland & Knight LLP

Federal Trade Commission's Glass Door into the (Made in) USA

Holland & Knight LLP on

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

Cadwalader, Wickersham & Taft LLP

Greenwashing: FTC Considering Updates to Environmental “Green Guides”

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment “on potential updates and changes to the Green Guides for the Use of Environmental Marketing Claims” (the Notice). The...more

Nelson Mullins Riley & Scarborough LLP

FTC Requests Public Comment on Refresh of Green Guides, Including Feedback on “Organic” and “Sustainable”

The Federal Trade Commission (“FTC” or the “Commission”) is seeking public comments on potential updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”). The Green Guides are...more

BakerHostetler

AD-ttorneys@law - November 2022 #2

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Made-in-USA Shootout Leads to Jury Trial, $3.1 Million Judgment Novelty glassware manufacturer weaponizes FTC guidance against rival - Is Half Bulletproof Really a Thing? For the uninitiated, the shot glass in...more

Alston & Bird

Making Environmental Marketing Claims: A Balancing Act

Alston & Bird on

Our Food & Beverage; Environment, Land Use & Natural Resources; and ESG Advisory Groups outline regulatory and litigation developments in environmental claims on product labels and provide insights on how marketers can...more

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