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Labeling Federal Trade Commission

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers...more

AD-ttorneys@law

by BakerHostetler on

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed...more

Guest Post — Do It If It Makes You Feel Good: FTC’s Report on Homeopathic Medicine Advertising

by Reed Smith on

What follows is a guest post by John Feldman, a partner in Reed Smith’s Entertainment and Media Industry Group. John closely follows all things Federal Trade Commission and approached us when he saw the FTC weighing in a...more

FTC Civil Penalties on the Rise—Inflation Adjustments Increase Civil Penalty Amounts

by WilmerHale on

For the first time since 2009, the potential civil penalties for violating an administrative consent order under Section 5(b) of the FTC Act is going up. The maximum civil penalty the Federal Trade Commission (FTC) can now...more

What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You...

by Pierce Atwood LLP on

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Product Regulations: What You Don't Know Can Hurt You - and Could Destroy Your Business

by Pierce Atwood LLP on

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

When Is Natural Unnatural? When It’s Not: The Federal Trade Commission Takes Exception to “All Natural” Claims

by Arnall Golden Gregory LLP on

In the 1975 song, “Natural Mystic,” legend Bob Marley sang “There’s a natural mystic blowing through the air – I won’t tell no lie.” Channeling Marley, the Federal Trade Commission recently took enforcement action against...more

Advertising with Environmental Certifications and "Green" Seals of Approval

by Stinson Leonard Street on

As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,...more

FTC’s “All Natural” Cases Are More About “All” Than “Natural”

by Kelley Drye & Warren LLP on

The Federal Trade Commission announced last week filing of four consent decrees and an administrative complaint relating to companies selling various personal care products – shampoos, sunscreens, moisturizers – featuring...more

FTC Asks – Are Your “All Natural” Claims All Accurate?

by Seyfarth Shaw LLP on

Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement. The Federal Trade Commission announced five cases this week with companies that market their products as “all...more

An Honest Struggle to Advertise "Natural" Products

by Stinson Leonard Street on

On February 12, 2016, two consumers brought a proposed New York state class action lawsuit against The Honest Company, Inc., a personal care products company co-founded by actress Jessica Alba. The lawsuit alleges that The...more

When Are Jeans Made In The U.S.A.?

by Dorsey & Whitney LLP on

A little over 30 years ago, Bruce Springsteen unleashed “Born in the USA”–the rock anthem about disaffected Vietnam veterans struggling as they returned home. Today, clothing manufacturers and their resellers riffing on that...more

ANDA Update - October 2015

by McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

FTC Strikes Again—Company Found to Make False and Misleading Biodegradable Claims

by Bergeson & Campbell, P.C. on

On October 20, 2015, the United States Federal Trade Commission (FTC) released a Final Order with a corresponding Opinion against ECM BioFilms, Inc. (ECM) stating that ECM made false and unsubstantiated environmental claims...more

FTC Announces Red Light on Unqualified “Green Approved” Seals

by Cozen O'Connor on

Updated to clarify that this post is not about Green Seal, Inc. but the environmental seals or certifications warned against in a recent FTC update. Manufacturers of consumer products labeled with unspecified environmental...more

US v Bayer: Randomized Clinical Trials not Required for Dietary Supplement Structure Function Claims – Key Takeaways

by DLA Piper on

In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the government failed...more

FTC Green Guides: FTC Sends Warning Letters Concerning Environmental Certification Seals

by Bergeson & Campbell, P.C. on

The Federal Trade Commission (FTC) announced in a September 14, 2015, press release, "FTC Sends Warning Letters about Green Certification Seals," that it sent warning letters to five providers of environmental certification...more

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency...more

Governor Brown signs bill returning California to mainstream on “Made in USA” labeling and providing a potential avenue to end...

by Morrison & Foerster LLP on

A bill signed last week by California Governor Jerry Brown gives manufacturers and retailers a good argument that pending litigation over “Made in USA” labeling should be dead in its tracks. That is the key takeaway from the...more

California Relaxes Its “Made in the U.S.A.” Law

To the consternation of many, California law has long imposed a “Made in the U.S.A.” standard that has been more stringent than the federal standard, requiring manufacturers of all types who wanted to make a country of origin...more

FTC Staff Comment Encourages FDA to Reevaluate its Current Approach to Regulating Homeopathic Products

by Kelley Drye & Warren LLP on

On Friday, staff of the Federal Trade Commission’s Bureau of Consumer Protection, Office of Policy Planning, and Bureau of Economics submitted a written comment to FDA recommending that FDA reconsider its current regulatory...more

FTC Urges FDA to Reconsider Homeopathic Regulatory Framework

by Kelley Drye & Warren LLP on

In a comment filed last Friday, the Federal Trade Commission (FTC) responded to its sister-agency’s request for comments by urging the Food and Drug Administration (FDA) to reconsider how homeopathic drugs are regulated. As...more

Trade & Manufacturing - July 2015

by King & Spalding on

In This Issue: - Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days - Congress Allows Export-Import Bank Charter to Expire, for Now - WTO Finds That COOL Is...more

Advertising Law - July 2015 #2

EPIC Drives Uber Complaint to FTC - Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more

Tailoring the Suit: Plaintiffs File Amended Complaint in Nordstrom Rack Price-Tag False Advertising Lawsuit

Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices. Nordstrom Rack discloses the savings it offers customers by placing “compare at” labels on its price tags which show two...more

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