News & Analysis as of

Made in the USA Class Action False Advertising

ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

ArentFox Schiff on

While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Kilpatrick

Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow's "Manufactured in the USA" Label

Kilpatrick on

A California jury recently found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming some of its teabags were “Manufactured in the USA.” The company...more

Venable LLP

Tariffs May Encourage Made in the USA Claims, but You Need to Be Careful

Venable LLP on

With tariffs creating an atmosphere where “imported” may soon come to mean “expensive,” American businesses might be tempted to use their advertising and packaging to emphasize the American origin of their product, no matter...more

BakerHostetler

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

BakerHostetler on

A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more

Kelley Drye & Warren LLP

Jury Awards Tea Drinkers $2.36 Million in Made in USA Dispute

In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 3

The National Advertising Division (NAD) referred the website Smarter-Reviews.com (Smarter Reviews) to the Federal Trade Commission (FTC) on suspicion of publishing advertising disguised as editorial content because it lacks...more

Proskauer - Advertising Law

“Born in the USA”?: Place of Origin Claims Take Center Stage in False Advertising Suits and FTC Enforcement

It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective, this song’s lasting popularity is no surprise; as advertisers know, “Made in...more

Kelley Drye & Warren LLP

Did the Other Shoe Drop? Another Class Action Against New Balance for its “Made in USA” Claims

The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made...more

BakerHostetler

AD-ttorneys@law – October 2021 #2

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Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - FTC Pulls Hat Trick, Ices Three Made-in-USA Claims - Small Is Beautiful, But Is It Trustworthy? - Cali South Cuts Proposed Weight-Loss Class - FTC Approach to False Advertising Case ‘Not Rational,’...more

Troutman Pepper Locke

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

Proskauer - Advertising Law

Made-in-the-U.S.A. Complaint Does Not Make the Cut

In a case decided in December that flew beneath our radar, a judge in the Southern District of California dismissed without prejudice a proposed class action alleging that Citizens for Humanity falsely labeled its jeans as...more

Morrison & Foerster LLP - Class Dismissed

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class...

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC,...more

Mintz - Consumer Product Safety Viewpoints

Settlement Looms for “Made in USA” Jeans Suit

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. On November 30, 2015, the lead plaintiff in Paz v. AG...more

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