Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more
Can you really say your product is “better for the planet”—or does that claim need a compostable disclaimer? In a sweeping decision on Boxed Water’s green marketing, the NAD once again clarified the boundaries for...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
If you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there’s no clear answer, a recent decision provides some guidance on what NAD expects....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
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more
As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more
On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Alexis Slaten v. Christian Dior, Inc., No. 23-cv-00409-JSC (N.D. Cal. – May 12, 2023): The...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
A proposed FTC settlement that involves alleged false Made in USA representations and alleged deceptive COVID claims was recently filed by the Department of Justice on the FTC’s behalf against an individual and the two...more
Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more
Key Takeaway: As consumer demand for “sustainable” products grows, so does the risk of litigation challenging sustainability claims on advertising and packaging. As one recent case shows, failure to plead actual reliance can...more
DraftKings Settles Class Action Lawsuit for $8 Million - Settlement is a hybrid payment whose lion’s share is in-game currency - Two Fair Households - It wasn’t too long ago that DraftKings and FanDuel, the biggest names in...more
Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more
In the latest development in the Lanham Act litigation between beer titans MillerCoors and Anheuser-Busch, the district court issued an order enjoining Bud Light from using the “No Corn Syrup” language and icon on product...more
Anyone who saw the Special Delivery commercial during the Super Bowl is familiar with Bud Light’s “No Corn Syrup” campaign. The Special Delivery commercial made it pretty clear that Miller Light and Coors Light are brewed...more
LEGISLATION, REGULATIONS & STANDARDS - Senate Bill to Investigate PFAS Introduced - Sens. Debbie Stabenow (D-Mich.), Mike Rounds (R-S.D.) and Gary Peters (D-Mich.) have introduced legislation that would providing...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more
Washington Bans PFAs in Food Packaging - Washington Governor Jay Inslee has signed into law the Healthy Food Packaging Act (H.B. 2658/S.B. 6396), making the state the first in the country to ban perfluorinated chemicals...more
The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more
OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more