News & Analysis as of

Advertising Product Packaging

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

BakerHostetler

The Great British Infant Formula? Or Does the Made in USA Standard Apply to European Imports?

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We are hot off of the green grass and preppiness that is Wimbledon. We are all burning for Paris right now with the Olympics. And who doesn’t dream of August in Croatia or Greece? European Vacation – yes, please....more

McDermott Will & Emery

Growing Regulatory Focus on ‘Crossover Alcohol Products’

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As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more

Cozen O'Connor

Québec Publishes Final Regulations Under Québec’s Charter of French Language, Broadening the Translation Exemptions for Trademarks...

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On June 26, 2024, the Province of Québec released the long-awaited final amendments to the Regulation respecting the language of commerce and business (Regulation), which amend multiple French-language requirements, including...more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Kelley Drye & Warren LLP

Courts and NAD Come to Different Conclusions on Package Disclosures

Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth...more

Perkins Coie

Notable Ruling Roundup - February 2024

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. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more

International Lawyers Network

Charter of the French Language

The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the...more

Moritt Hock & Hamroff LLP

US Companies Must Prepare for Upcoming Changes to the French Language Requirements for Trademarks in Quebec, Canada

Amendments to the Charter of French Language (Charter) scheduled to come into force on June 1, 2025 will have major implications on trademark owners doing business in Quebec, Canada. This doesn’t just impact Canadian...more

Smart & Biggar

French-language requirements in Québec: Publication of the Draft Regulation to amend mainly the Regulation respecting the language...

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On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly...more

Linda Liu & Partners

Trademark Infringement Judgment Standard | DUELER Tire Trademark Infringement Dispute

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The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle...more

Linda Liu & Partners

Determination of Product Packaging and Decoration that has Certain Influence | Curry Product Packaging Unfair Competition Dispute

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When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

BakerHostetler

Takeaways from Sustainability Marketing Panel at ANA

BakerHostetler on

As we all begin to bundle up for a chilly holiday season, I can’t help but reminisce about and pine for the warm Florida weather last month at the ANA Masters of Advertising Law Conference. I am also continuing to reflect on...more

Verrill

Not Sorry? Reese's May Be In Trouble For On-Pack Sweepstakes Disclosures

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Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you...more

BCLP

PFAS litigation update: The risks of consumer product marketing claims

BCLP on

As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - September 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces First Deputy Commissioner for Human Foods - The U.S. Food and Drug Administration (FDA) has named James Jones as the agency's first Deputy Commissioner for Human...more

American Conference Institute (ACI)

[Event] Advanced Summit on Food Law & Regulation - October 4th - 5th, Mississauga, ON, Canada

Hosted by Canadian Institute, the Inaugural Advanced Summit on Food Law & Regulation Canada takes place on October 4-5, 2023, at the Mississauga Convention Center in Mississauga, Ontario....more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023 #4

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Tara Amado v. The Procter & Gamble Co., No. 3:22-cv-05427-MMC (N.D. Cal. – June 8, 2023): The...more

Foley & Lardner LLP

Building Distinction in Architectural Trade Dress

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The shape of a building can be registered as inherently distinctive trade dress in the United States – if it is distinctive and unusual for buildings of that type – holds the U.S. Patent and Trademark Office Trademark Trial...more

Clark Hill PLC

Ninth Circuit Issues Decision Clarifying Protein Labeling Requirements

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On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - September 28th - 29th, Santa...

The American Conference Institute is hosting its first West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products in Santa Monica on September 28-29, 2023! This conference comes just in time to...more

Smart & Biggar

[Webinar] French Language Charter: Navigating the recent amendments and their impact on trademarks in Québec - November 9th, 12:00...

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In this webinar, our speakers will discuss the recent amendments to the French language requirements in Québec and touch on how they apply to product markings, promotion, and advertisements, plus practical tips on how to take...more

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