News & Analysis as of

Unfair or Deceptive Trade Practices Manufacturers

McGuireWoods LLP

Made in USA Claims Continue to Hold FTC’s Attention

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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

Searcy Denney Scarola Barnhart & Shipley

How Can You Have Safety in the Face of Deceptive Marketing? The Critical Battle for Booster Seat Safety and Deceptive Marketing –...

As a lawyer handling product liability cases, I’ve come across numerous instances that highlight the often dangerous shortcomings of child safety products. But nothing quite underscores the gravity of this issue like the...more

Cozen O'Connor

The State AG Report – 1.18.2024

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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: • AGs Advocate for Implementation of Proposed Menthol...more

Lathrop GPM

Massachusetts Federal Court Grants Manufacturer’s Motion to Dismiss Distributor’s Franchise Law Counterclaims

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A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more

Foley Hoag LLP

Product Liability Update - October 2022

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Sheppard Mullin Richter & Hampton LLP

States Target Infant Formula Price Gouging

There has been a nationwide shortage of infant formula following a recall and temporary closure of a major infant formula manufacturing facility in February 2022. This facility supplied as much as 40% of the nation’s infant...more

Proskauer - Minding Your Business

FTC Announces Inquiry into the Infant Formula Shortage

On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more

Fox Rothschild LLP

The Trouble with Trebles

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The CBD product market, by some estimates, could skyrocket to $19.5 billion by 2025. With farmers, manufacturers and distributors scrambling for a seat at this lucrative table, it’s not surprising to see the Business Court...more

Hogan Lovells

Biden Administration Releases First 100-Day Review, Spurring Immediate Actions for US Supply Chains

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Pursuant to Executive Order 14017, issued by President Biden on 24 February 2021, a federal government task force examined the vulnerabilities in America’s supply chains for semiconductor manufacturing and advanced packaging,...more

Proskauer - Advertising Law

The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor

The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more

Bilzin Sumberg

Egg Supplier Scrambling As Pandemic Price-Gouging Enforcement Heats Up

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Earlier this month, the Attorney General’s Office of the State of New York filed a lawsuit  in New York Supreme Court against Hillandale Farms alleging that the company gouged egg prices during the COVID-19 pandemic....more

Orrick, Herrington & Sutcliffe LLP

Governor Cuomo Signs COVID-19 Legislation Expanding NY Price Gouging Law to Include Personal Protection Equipment and Increasing...

On June 6, New York Governor Andrew Cuomo signed into law legislation (S.8189) that strengthens the state’s price gouging statute, in response to COVID-19. The legislation expands the current price gouging statute by...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Trademarks and Price Gouging

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of...more

McNees Wallace & Nurick LLC

Price Gouging – It Could Cost You

The COVID-19 crisis has caused many state Attorney’s General, including the Pennsylvania Attorney General (“PA AG”), to encourage consumers to submit complaints and allegations of price gouging. Rest assured that all such...more

Goodwin

Price Gouging: U.S. Enforcement Agencies Actively Monitoring for Violations

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As consumers continue to seek essential goods to address the COVID-19 pandemic, U.S. law enforcement agencies have made clear that they will be focused on identifying and challenging instances of price gouging. Indeed, last...more

Hogan Lovells

U.S. and European authorities actively pursue COVID-19 price gouging violations

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The COVID-19 crisis has led to increased scrutiny of pricing decisions by competition and consumer protection authorities around the world. Already, we have seen a rise in state, federal, and international enforcement efforts...more

Robins Kaplan LLP

Price Gouging In The COVID-19 Pandemic: Protecting Yourself And Your Business

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Supply difficulties and price changes are focusing businesses and governments on laws and orders against hoarding and price gouging....more

Pullman & Comley, LLC

United States Supreme Court Denies Cert. in Remington Arms Co. LLC v. Soto

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The United States Supreme Court has denied certiorari in Remington Arms Co. LLC v. Soto, No. 19-168.  While the focus of this case ought to remain on the families and the Newtown community, this decision has broad...more

McGuireWoods LLP

Connecticut Supreme Court Finds CUTPA Claim Trumps Federal Statutory Immunity

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On March 14, the Connecticut Supreme Court issued its ruling in Donna Soto, et al. v. Bushmaster Firearms International, LLC, et al. (SC 19832), a lawsuit stemming from the Dec. 14, 2012, mass shooting at Sandy Hook...more

Butler Snow LLP

Pro Te: Solutio – Vol. 12, No. 1

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Welcome to 2019! We hope that your New Year’s resolutions included time to sit down and enjoy our latest edition of Pro Te: Solutio. We have three intriguing articles in this edition, which are sure to provide useful...more

Foley Hoag LLP

Product Liability Update: January 2019

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MASSACHUSETTS - Massachusetts Supreme Judicial Court Applies “Transient Jurisdiction” Doctrine To Hold Nonresident Individuals’ Intentional, Knowing And Voluntary Presence In Massachusetts At Time Of Service Sufficient To...more

Jaburg Wilk

Born in the USA: When Can Products Be Marketed as “Made in the USA”?

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Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider...more

Foley & Lardner LLP

Heightened Ascertainability Remains a Formidable Requirement to Achieving Class Certification in the Third Circuit: Administrative...

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When the Third Circuit Court of Appeals issued its decision in City Select Auto Sales Inc. v. BMW Bank of North America, Inc., in the middle of last year, many interpreted the decision as significantly lowering the bar to...more

Proskauer - Advertising Law

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

Foley & Lardner LLP

Third Circuit Eyes Up Consumers’ Standing, Splits With Seventh Circuit

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Last month, the Third Circuit issued a 2-1 decision in Cottrell v. Alcon Labs., reversing a district court’s dismissal of a class action lawsuit on standing grounds. The putative class in Cottrell is comprised of consumers of...more

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