News & Analysis as of

Unfair or Deceptive Trade Practices Manufacturers

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

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

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

Wiley Rein LLP on

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

Miller Canfield

Costly Claims: Corporations Confront the Consequences for Improper “Made in the USA” Claims

Miller Canfield on

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

Kelley Drye & Warren LLP

NAD Considers ​“Up To” Qualifiers in Superiority Claims

Coterie Baby advertises that its diapers provide ​“up to 4x more absorbency” and ​“up to 3x drier skin” compared to ​“leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

Venable LLP on

In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Paul Hastings LLP

Recent Investigations by the Texas Attorney General Piggyback on Federal ‘Make America Healthy Again’ Initiatives

Paul Hastings LLP on

Texas Attorney General Ken Paxton recently announced that his office is investigating some of the country’s most ubiquitous home brands — including Colgate-Palmolive, Proctor & Gamble, and General Mills — for allegedly...more

Perkins Coie

Notable Ruling Roundup - June 2025 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. John Daly, et al. v. The Wonderful Company, LLC, No. 1:24-cv-01267 (N.D. Ill. – March 3, 2025):...more

BakerHostetler

[Podcast] AD Nauseam: Left to Our Own Devices

BakerHostetler on

In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through...more

Paul Hastings LLP

Deceptive Trade Practices — A Texas No-Damages Model for Toxic Tort Litigation

Paul Hastings LLP on

State and local governments have long participated in toxic tort litigation against manufacturers whose products are claimed to have driven up government healthcare costs. Now, the Texas attorney general has staked out a new...more

Warner Norcross + Judd

Despite Administration’s Policies and Goals, “Made in the USA” Claim Requirements Have Not Changed

Warner Norcross + Judd on

While the current Trump administration has taken multiple actions to prioritize American manufacturers and products, it is important to remember that the requirements to make a “Made in the USA” claim in your advertising has...more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

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

Vicente LLP

Nebraska Hemp Enforcement Update: Delta-9 THC Crackdown Targets Retailers

Vicente LLP on

Last month, Nebraska Attorney General Mike Hilgers escalated the state’s hemp enforcement efforts by issuing cease-and-desist letters to more than 100 retail locations in the Omaha metro area. Joint investigations conducted...more

Kelley Drye & Warren LLP

NAD Deflates Disparaging Claims

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​“that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more

Morrison & Foerster LLP

Jury Returns Verdict in “Manufactured in the USA” False Advertising Case

A jury in the Central District of California recently awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”) violated the Consumer Legal Remedies Act (CLRA), breached an express...more

Cozen O'Connor

Mylan Inc. Settles Opioid Epidemic-Related Claims for $335 Million

Cozen O'Connor on

Virginia AG Jason Miyares, along with a bipartisan coalition of eight other state AGs and in coordination with six other AGs, has announced a settlement in principle with Mylan Inc. to resolve allegations that it contributed...more

Troutman Pepper Locke

Alaska Obtains Six-Figure Civil Penalty in Product Labeling Case

Troutman Pepper Locke on

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

Fox Rothschild LLP

After Competitor’s Challenge, Nad Recommends Dreo’s Discontinuance Of Claims Of Being The No. 1 Fan And Heater Brand

Fox Rothschild LLP on

Lasko Products, LLC (“Lasko”) and the Hesung Innovation Corp./DREO Limited (“DREO”) are competitors, both specializing in the fan and heater market. Recently, Lasko filed a Fast-Track SWIFT challenge with the National...more

Proskauer Rose LLP

Three Point Shot - March 2025

Proskauer Rose LLP on

Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles - Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Number 1” Claims Can be Qualified

DREO advertises that it is the ​“No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the ​“number 1” brand in both of those categories. Because there can’t be two ​“number 1”...more

Seyfarth Shaw LLP

Federal Court Denies Dealer Challenge To OEM Internet Sales Policy - Seyfarth's Future of Automotive Series

Seyfarth Shaw LLP on

A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more

McGuireWoods LLP

Behind the Counter: Nitrous Oxide Requires Responsible Regulation, Continues to Show Risk

McGuireWoods LLP on

Across the United States, nitrous oxide (N2O), also known as laughing gas or nitrous, continues to be sold in convenience stores, gas stations and other easy-to-access locations with limited national enforcement. N2O serves a...more

Seyfarth Shaw LLP

Judge Denies Industry Challenge To Massachusetts Data Access Law - Seyfarth's Future of Automotive Series

Seyfarth Shaw LLP on

More than four years after an industry trade association first filed its challenge to a November 2020 ballot initiative in Massachusetts, a federal judge issued an order in Alliance for Automotive Innovation v. Campbell...more

Steptoe & Johnson PLLC

PFAS Lawsuits Involve Apple Watch Bands, Samsung Galaxy Watch Bands, and Hershey's Chocolate Wrappers

Steptoe & Johnson PLLC on

Lawsuits were recently filed against Apple Inc. and Samsung Electronics America, Inc. related to their watch bands. Other lawsuits were also recently filed against The Hershey Co. related to the packaging of some of its...more

Cozen O'Connor

The State AG Report – 12.19.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Illinois AG’s and FTC’s Settlement Takes a $25 Million...more

McGuireWoods LLP

Made in USA Claims Continue to Hold FTC’s Attention

McGuireWoods LLP on

On July 2, 2024, the Federal Trade Commission (FTC) announced in a blog post that it was releasing a refreshed version of its guidance on “Complying with the Made in USA Standard.” The guidance had not been updated since...more

64 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide