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Glue Manufacturing Company Caught in a Sticky Situation: $1.2M Fine for False “Made in USA” Product Labels

The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more

Congress Establishes New Copyright Board to Resolve Small Claims and DMCA Disputes

Major changes to copyright law were shepherded in through the Consolidated Appropriations Act, the highly publicized pandemic relief bill passed on December 27, 2020. Amongst these changes was the enactment of the...more

The Worst Part of Waking Up is Getting Sued: Class Action Filed Against Folgers Coffee Co., Alleging False Advertising and...

Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee. After doing the math, a consumer...more

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

Class Action Targeting ‘Recyclable’ Claims Used in Connection With Single-Serve Coffee Pods Moves Forward

In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing,...more

Growing Global Movement to Restrict Single-Use Plastic Bags

According to the United Nations, 127 countries have passed regulations on single-use plastic bags in an effort to incentivize consumers to use reusable bags when shopping. The scope of these regulations varies from country...more

Recent Litigation and Proposed Legislation Reexamine Product Liability for Online Marketplaces

As online shopping picked up during the COVID-19 pandemic due to brick-and-mortar closures, so too have questions about liability for online marketplaces. Traditionally, online marketplaces—e-commerce platforms that offer...more

A Case of Beer: Seventh Circuit Decides Ad Dispute Between Anheuser-Busch and Molson Coors

The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of...more

ESRB Launches New Warning Label for Video Game Loot Boxes

The Entertainment Software Rating Board (ESRB), which administers the ratings system for video games, has launched a new warning label for use on video games that include in-game offers to purchase digital goods or premiums...more

How Unclear Giveaway Marketing Can Muddy a Brand’s Reputation

During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently...more

NAD Announces New Fast Track Challenge Process

The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more

Why Comparative Safety Claims Can be Dangerous for Brands

Comparative safety claims can be a powerful advertising tool, especially when regarding products consumers cannot test themselves. For this reason, it is imperative that these claims are made with sound proof. ...more

Coronavirus Crisis: What US Retail Companies Need to do to Protect Against Business Implications

As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies. The fashion and retail industries are specifically affected due to the volume of goods produced in China,...more

What US Retail Companies Need to do to Protect Against Business Implications of the Coronavirus

As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies - The fashion and retail industries are specifically affected due to the volume of goods produced in...more

FTC Looks to the Public for Changes to the Endorsement Guides

The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in...more

Consumers Allege ‘Dolphin Safe’ Tuna Claim is False, Reminding Brands Not To Bite Off More Than They Can Chew

A recently-filed consumer class action alleges that canned tuna producer, StarKist, misled consumers when they claimed their tuna products are “100% dolphin-safe” and “sustainable.” The class action is moving forward after...more

Subscription Snack Company Hit with FTC Complaint for Misrepresenting Positive Consumer Reviews

The FTC alleged that UrthBox did not disclose that some consumers received compensation, including free snack boxes, to post positive reviews. In addition, UrthBox offered “free” trial boxes during this time that resulted...more

2020 Brings New NAD and NARB Fees

For companies with annual gross revenue of $5 billion or more, the new NAD filing fee is $35,000, while companies with annual revenue of between $250 million and $5 billion will have to pay $30,000. Previously companies with...more

Wireless Providers Dispute Legitimacy of ‘5G Evolution’ Network

The NAD case between AT&T and T-Mobile is just the latest development in the ongoing battle over 5G, the next generation of technology for wireless networks. All of the wireless providers are racing to upgrade their existing...more

Don’t Do it: Judge Ends Nike Ad Campaign Over Trademark Dispute

This case highlights the importance of clearing new advertising slogans before embarking on a major marketing campaign. Because advertising slogans tend to be used for shorter periods, they are not always subject to the same...more

Legislation Introduced to Define the Term ‘Natural’ for Personal Care Products

If enacted, the law would amend the Federal Food, Drug, and Cosmetic Act (FDCA) to require cosmetic products labeled as “natural” to contain at least 70 percent natural substances, (excluding water and salt) and be made...more

Is Your Content in Compliance? New YouTube Standards Highlight COPPA Regulations

The FTC filed a lawsuit against YouTube, alleging that the company illegally collected personal information from children in violation of COPPA. In September, the FTC and New York Attorney General announced a settlement. As...more

To Repair or Not to Repair Electronic Devices? More Right to Repair Laws on the Horizon

Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking...more

FTC Sharpens Focus on Textile Rules for Manufacturers

A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules....more

New Guidelines Cement FTC’s Strong Influence Over Influencer Marketing

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more

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