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False Advertising Regulatory Standards

Perkins Coie

Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases

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The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more

Fenwick & West LLP

Advertising in the Metaverse

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The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more

Stikeman Elliott LLP

First Stage of Competition Act Amendments Released: Canada Joins the Global Chorus With Harsher Antitrust Penalties, Stricter...

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Earlier this year, the Minister of Innovation, Science and Industry announced that amendments to the Competition Act would come in two stages. The first round of changes were revealed in the Budget Implementation Act (the...more

BakerHostetler

Made in USA, Part Two – How Far Back Do You Have to Look?

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Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more

Katten Muchin Rosenman LLP

New FTC Rules Leave Contemporary NAD/NARB Questions Unanswered - Kattison Avenue Fall 2021 | Issue 7

This summer, the Federal Trade Commission (FTC) published final rules codifying its long-running standard for “Made in USA” product labels. The Commission also announced its 2022 timeline for rolling out a new version of the...more

Manatt, Phelps & Phillips, LLP

FTC Finalizes Made in USA Labeling Rule

The Federal Trade Commission (FTC) has finalized the Made in USA Labeling Rule, which codifies its long-standing enforcement policy requiring that marketers making unqualified Made in USA claims on labels be able to prove...more

Bilzin Sumberg

A Budding Opportunity—Why the CBD Industry Requires Regulation

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Manufacturers, distributors, and suppliers of CBD products should embrace and participate in reform to address public health concerns, write Bilzin Sumberg attorneys. Consumer groups like the Arthritis Foundation are stepping...more

Jones Day

The Complex Labeling Landscape for Plant-Based Meat Alternatives

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With the rise of plant-based alternatives to conventional meat products, the industry has come under scrutiny from government regulators, both in the United States and abroad. In 2019 alone, nearly 30 states considered...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #2

Shook Takes the Pulse of General Counsel on Maturation of Global Cannabis Market - More than half of in-house counsel surveyed in a new white paper by Shook, Hardy & Bacon plan to increase legal spending in the next two...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019

The Cannabis Conundrum: The Evolving Landscape & Risk Mitigation for Hemp & CBD - The cannabis industry, including marijuana, hemp and cannabidiol (CBD), is complex and rapidly evolving. Shook Partners Mike Barnett,...more

Ballard Spahr LLP

NY Attorney General files lawsuit against jeweler for alleged unlawful sales and financing practices targeting the military

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The New York Attorney General has filed a lawsuit against a group of commonly owned and managed companies headquartered in New York that include companies operating retail jewelry stores in numerous states under the name...more

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Summer 2018

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Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter. ...more

Bilzin Sumberg

(Don’t) Got Milk? FDA Cracking Down on Plant-Based Beverages

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At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #3

WHO Announces Plan to Eliminate Trans Fat from Global Food Supply - The World Health Organization (WHO) has announced “a step-by-step guide for the elimination of industrially-produced trans-fatty acids from the global...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

FDA Issues Guidance on Concentrated Caffeine - The U.S. Food and Drug Administration (FDA) has released guidance clarifying that "dietary supplements containing pure or highly concentrated caffeine in powder or liquid...more

BCLP

California’s Cage-Free Eggs Law Faces Supreme Court Challenge By Other States

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Briefing is now complete in a lawsuit filed by more than a dozen states asking the United States Supreme Court to block a California law requiring any eggs sold within the state to come from chickens that have sufficient...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | March 2018

Senate Committee Proposes Cosmetics Regulation Amendment - The Senate Committee on Health has released a discussion draft of a proposed amendment to the Federal Food, Drug and Cosmetic Act (FDCA) that would establish greater...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

Perkins Coie

Rulings, Orders, Settlements – January 10, 2018

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Court Grants Motion to Dismiss Class Action Involving Organic Baby Formula - Organic Consumers Association v. The Hain Celestial Group, Inc., No. 1:16-cv-00925 (D.D.C.): The Court entered an order granting Defendant’s...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

Troutman Pepper

Food Litigation Trends: New and Undefined Label Claims in 2017

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Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #2

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Morgan Lewis

Making a “Made in the USA” Claim Requires a Reading of Federal and State Law

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Given the rise in false advertising claims, manufacturers and retailers that wish to label or advertise their goods as being “Made in the USA” must be aware of federal and state laws that place certain requirements on the...more

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