News & Analysis as of

Class Action Made in the USA

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 15

Stretching the Truth? Class Action Targeting Lululemon Claims Athleisure Brand "Greenwashing" Its Environmental Impact - Claims of greenwashing in the ESG space continue: A Florida class action lawsuit alleges that...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 3

The National Advertising Division (NAD) referred the website Smarter-Reviews.com (Smarter Reviews) to the Federal Trade Commission (FTC) on suspicion of publishing advertising disguised as editorial content because it lacks...more

Proskauer Rose LLP

Place-Of-Origin Class Actions, FTC Scrutiny May Rise In 2023

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It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA." From an advertising industry perspective, this song's lasting popularity is no surprise;...more

Proskauer - Advertising Law

“Born in the USA”?: Place of Origin Claims Take Center Stage in False Advertising Suits and FTC Enforcement

It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective, this song’s lasting popularity is no surprise; as advertisers know, “Made in...more

BakerHostetler

AD-ttorneys@law - June 2022

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Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more

BCLP

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

BCLP on

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

BakerHostetler

AD-ttorneys@law - April 2022 #2

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We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more

Kelley Drye & Warren LLP

Did the Other Shoe Drop? Another Class Action Against New Balance for its “Made in USA” Claims

The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made...more

BakerHostetler

AD-ttorneys@law – October 2021 #2

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Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more

BakerHostetler

AD-ttorneys@law – May 2021 #3

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CARU Pats Unity Technologies on Back, Sends It on Its Way - Inquiry into possible COPPA violations finds the company clean as a whistle - Kumbaya - Normally our newsletter is filled with reports of chicanery,...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - June 2019

Will Single-Use Products and Packaging Be a Thing of the Past in California? - Walk down virtually any street, sidewalk, path, beach or trail in California and you will invariably find at least some single-use product or...more

Kelley Drye & Warren LLP

Avoid a Misstep with Qualified “Made in USA” Claims: Class Action Against New Balance Leads to Proposed $750,000 Settlement

Most of our posts regarding “Made in USA” claims relate to FTC investigations and enforcement actions. Private plaintiffs, however, also closely watch those claims. For example, in 2018 plaintiffs filed a class action lawsuit...more

BakerHostetler

AD-ttorneys@law

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Adhesive Company Hopes Made-in-USA Ruling Won’t Stick - J-B Weld to seek appeal of NAD’s discontinuation recommendation - Guilt Trip - If you’ve ever used glue from your desk drawer to fix a broken bowl or Hummel...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - FTC Pulls Hat Trick, Ices Three Made-in-USA Claims - Small Is Beautiful, But Is It Trustworthy? - Cali South Cuts Proposed Weight-Loss Class - FTC Approach to False Advertising Case ‘Not Rational,’...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - IAB Alleviates the Anxiety of Influence - FTC Throws Made-in-the-USA Shade - ERSP Finds Whitening Claims Only Slightly Dimmed - Trump Administration Fails to Shock Public with FTC Picks - Camp Drugs’...more

BakerHostetler

AD-ttorneys@law

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In a head-to-head contest between a slogan and a human, the human will almost always win. Consumers respond to human influencers—celebrities, tastemakers, pundits—not simply because they are perceived as trustworthy...more

Troutman Pepper

Food Litigation Trends: New and Undefined Label Claims in 2017

Troutman Pepper on

Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

BCLP

“Made in the USA” Claims

BCLP on

Although every product imported into the United States must be marked with its country of origin pursuant to Section 304 of the Tariff Act of 1930, most products manufactured domestically are not required to list the United...more

Proskauer - Advertising Law

Made-in-the-U.S.A. Complaint Does Not Make the Cut

In a case decided in December that flew beneath our radar, a judge in the Southern District of California dismissed without prejudice a proposed class action alleging that Citizens for Humanity falsely labeled its jeans as...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Morrison & Foerster LLP - Class Dismissed

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class...

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC,...more

King & Spalding

Trade & Manufacturing - News of Note - April 2016

King & Spalding on

EU-U.S. Privacy Shield Agreement Released - On February 29, the European Commission and the U.S. Department of Commerce released the long-awaited text of the European Union (EU) – United States Privacy Shield, an...more

Mintz - Consumer Product Safety Viewpoints

Settlement Looms for “Made in USA” Jeans Suit

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. On November 30, 2015, the lead plaintiff in Paz v. AG...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

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