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Holland & Knight LLP

Red Flags Over Red 40: Heightened Regulatory Scrutiny on Use of Artificial Food Dyes

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The regulatory landscape for consumer-packaged goods (CPG) brands is shifting, with artificial food dyes emerging as a central focus of both state and federal scrutiny. Recent actions by the federal and state governments,...more

McGuireWoods LLP

FTC Signals Continued Enforcement of “Made in USA” Labeling Rule and Guidance

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The Federal Trade Commission was quiet in its role as the Made in USA enforcement authority during the first few months of the Trump administration. But July left little doubt that the current FTC will continue the robust...more

Shook, Hardy & Bacon L.L.P.

California Microplastics Case Dismissed for Lack of Actual Reliance and Threshold Dose

A Northern District of California judge issued a sweeping dismissal of a microplastics class action that would have lowered the bar on the sufficiency of allegations of potential hazards from microplastics....more

Oberheiden P.C.

Ultra-Processed Food Lawsuits: 10 Key Facts for Individuals and Families

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Individuals and families across the United States are pursuing lawsuits related to ultra-processed foods (UPFs). In these lawsuits, the plaintiffs allege that ultra-processed food manufacturers deserve to be held accountable...more

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update - June 2025: Hot AG Summer kicks off with California's largest-ever CCPA...

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California Attorney General Bonta entered into the state's largest California Consumer Privacy Act ("CCPA") settlement to date with a website publisher for $1.55 million....more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Releases Final Guidance on Environmental Claims

The Canadian Competition Bureau (Bureau) recently released the final version of its guidance titled Environmental claims and the Competition Act (Guidelines). The Guidelines follow draft guidance, released in December 2024,...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 12

Plaintiff Scraps False Ad Suit Claiming Joe Rogan's "Alpha Brain" Deceives Consumers - So long, Alpha Brain false advertising lawsuit—we hardly knew ye. And now that the parties in the lawsuit alleging that controversial...more

Kelley Drye & Warren LLP

FTC (and NAD) Celebrate ​“Made in USA” Month

On July 1, 2025, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Chairman Ferguson noted that in a recent poll, 61% of Americans stated that whether a product was ​“Made in USA” played a factor in their...more

Perkins Coie

Notable Ruling Roundup - July 2025

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Mete Karabas v. TC Heartland LLC, No.1:24-cv-02722-AMD-VMS (E.D.N.Y. – March 11, 2025): The U.S....more

Loeb & Loeb LLP

Plaintiffs Aim to Apply California Consumer Hidden Fees Laws to Transactions in Other States

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Alawsuit was recently filed in Cook County, Illinois, against Airport Parking Reservations Inc. and Gomez Travel Services Inc., focusing on allegedly deceptive pricing practices on their parking reservation websites. Although...more

BakerHostetler

Use Caution When Getting All Fire (Crackered) Up with Your Patriotic Posts this July

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We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he...more

Miller Canfield

Costly Claims: Corporations Confront the Consequences for Improper “Made in the USA” Claims

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The Made in the USA label carries significant marketing weight, especially in today’s political landscape, but it also comes with legal risks. Federal regulators and class action attorneys are scrutinizing origin claims,...more

Kelley Drye & Warren LLP

NAD Considers ​“Up To” Qualifiers in Superiority Claims

Coterie Baby advertises that its diapers provide ​“up to 4x more absorbency” and ​“up to 3x drier skin” compared to ​“leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more

Venable LLP

Lead Generation Scams in Healthcare: FTC Files Case Against Impersonator Ads

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On June 24, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Maryland against Mercury Marketing, LLC, and several affiliated entities and individuals alleging that the...more

Kilpatrick

NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

Kilpatrick on

The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

Marshall Dennehey

On the Pulse…The Blitz Is Coming: Pranks, Perception and the Risk of Draft Day

Marshall Dennehey on

In April, the high-stakes world of the NFL Draft took over the airwaves. Millions were made and fumbled away as each round unfolded. Scouting reports were dissected, 40-yard dash times debated, and the patience of each player...more

International Lawyers Network

The Rise of Class Actions in Influencer Marketing: What Brands Need to Know To Protect Themselves 

Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements....more

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

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In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Baker Donelson

How Food and Beverage Manufacturers Can Minimize their Exposure to the Wave of Citric Acid Based Lawsuits

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A recent wave of consumer class action lawsuits is targeting food and beverage makers that use "all natural," "no preservatives," or similar labels on their products. One common group of targeted products are those which...more

Cozen O'Connor

All AGs Settle with Purdue Pharma over Opioid-Related Claims

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All 55 AGs from the states and territories have settled with Purdue Pharma, Inc., and its owners, members of the Sackler family, to resolve allegations related to the company’s role in fueling the opioid crisis....more

Cozen O'Connor

General Mills Agrees to Stop Using Artificial Dyes After Texas AG’s Biting Investigation

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Texas AG Ken Paxton announced that General Mills, Inc. has agreed to remove artificial dyes from its products to resolve an investigation into the company’s alleged misrepresentations about the health of its products in...more

Fenwick & West LLP

Brands May Need To Disclose The Use of AI Performers

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The New York legislature recently passed a bill, A.8887-B(Rosenthal)/S.8420-A(Gianaris), that would mandate the conspicuous disclosure of "synthetic performers" in advertisements. A synthetic performer is defined as a...more

Alston & Bird

Class Action & MDL Roundup | 2025 Q1 – Our Terms Define Class

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2025. In this edition, two UK actions fail to clear a low bar, a movie isn’t a video, and spam isn’t...more

Stark & Stark

Dark Side of Cannabis: Personal Injury Risks and Consumer Protection Lawsuits Arising from Mislabeling, Testing Fraud, and Potency...

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The cannabis industry has undergone a rapid transformation over the past decade, spurred by evolving federal and state legislation. Yet, beneath the promise of legalization and medical innovation lies a growing public safety...more

Holland & Knight LLP

Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines...more

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