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
Proposition 65 – Changes That Will Impact the Cannabis Sector
PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
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
Blakes Continuity Podcast: Entering the COVID-19 Marketplace: Proceed with Care
Podcast: Non-binding Guidance: Former FDA Commissioner Scott Gottlieb’s Unfinished Business
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 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
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
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
Canadian consumers have become increasingly supportive of buying homegrown products, scrutinizing product labels like never before. At the same time, Canadian businesses are working tirelessly to satisfy the surging demand...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
There is an ever-increasing number of consumers who are following a vegetarian or even vegan diet – and with this comes a wide range of vegetarian and vegan foods that can now be found in many supermarkets and restaurants....more
The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more
Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more
The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more
Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more
Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more
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
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
On Aug. 9, 2022, the Federal Trade Commission (FTC) announced that it had referred a complaint to the U.S. Department of Justice alleging that Axis LED Group LLC, ALG-Health LLC and the individual who controls the companies...more
Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more
Our Regulatory Oversight Blog has been abuzz with news about the newly galvanized Federal Trade Commission (FTC or Commission). Besides beginning to flex its antitrust muscle, the FTC is also taking on deceptive trade...more
Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more
Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more
Are you interested in learning the best way to advertise and promote your product and services in the competitive marketplace? On the latest episode of Trending Now - An IP Podcast, Ed White and Rob Van Arnam discuss how best...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, there’s no swimming in the fizzy...more
Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021. The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more
Judge Edward Davila of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging Walgreens misled consumers into believing its store-brand Infants’ Pain...more