Seyfarth Synopsis: The Securities and Exchange Commission (“SEC”) adopted a new investor marketing rule to replace and modernize its current advertising and cash solicitation rules. Neither of these rules has been...more
At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more
8/11/2020
/ Acquisitions ,
Brand ,
Breach of Contract ,
Business Model ,
Business Strategies ,
Business Valuations ,
Celebrity Endorsements ,
Confidential Information ,
Cosmetics ,
Distributors ,
Injunctions ,
Injunctive Relief ,
Intellectual Property Protection ,
Manufacturers ,
Marketing ,
Misappropriation ,
Partnerships ,
Proprietary Information ,
Suppliers ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
Long before COVID-19 affected retail companies had already started shifting to e-commerce platforms, marked by retail giants exclusively in the e-commerce space. ...more
5/12/2020
/ Advertising ,
Brick-and-Mortar Stores ,
Contests & Promotions ,
Critical Infrastructure Sectors ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Made in the USA ,
Marketing ,
Product Pricing ,
Retail Market ,
Shipping
CBD continues to flourish in the markets despite lack of federal regulations, and we’ve identified some significant events that indicate there’s no sign it’s stopping. ...more
3/12/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Dietary Supplements ,
Direct to Consumer Sales ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Legislative Agendas ,
Manufacturers ,
Marijuana ,
Marijuana-Infused Edibles ,
Marketing ,
Medical Foods ,
Misleading Statements ,
Pain Management ,
Plant Based Products ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Rulemaking Process ,
Statutory Violations ,
Stays ,
Title III
The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more
2/19/2020
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Comment Period ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Online Platforms ,
Public Comment ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites
Seyfarth hosted its first “Future of Cosmetics and Personal Care Products" event in its New York office on November 12, 2019. The event brought together industry leaders and Seyfarth attorneys for a timely conversation on the...more
11/26/2019
/ Amazon Marketplace ,
Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Consumer Review Fairness Act (CRFA) ,
Corporate Branding ,
Cosmetics ,
Endorsements ,
Food and Drug Administration (FDA) ,
FTC Endorsement Guidelines ,
Funding Options ,
Influencers ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Marijuana ,
Marketing ,
Marketing Perspectives ,
Natural Products ,
Patent Infringement ,
Patents ,
Personal Care Products ,
Risk Management ,
USPTO
Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media.
...more
11/25/2019
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Websites
Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more
11/18/2019
/ Advertising ,
Brand ,
Cosmetics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marketing ,
NAD ,
Natural Products ,
Personal Care Products ,
Plant Based Products ,
Product Labels ,
Proposed Legislation ,
Regulatory Agenda
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to...more
9/17/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Misleading Impressions ,
Plant Based Products ,
Retail Market ,
Unfair or Deceptive Trade Practices ,
Warning Letters