Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more
A New York federal district court has sent a clear message that "context matters" when assessing a false labeling claim.1 In dismissing another putative class asserting violations of state and federal consumer protection...more
A New York federal district court dismissed a putative class action asserting violations of state and federal consumer protection laws, fraud and unjust enrichment arising from claims that it was misleading to label juice...more
Consumer Sues Pyrex Maker for False Made-in-the-States Claims - New class actions pick up where the FTC left off - Tempest in a Ten-Piece Glass Meal Prep Set - We love false made-in-the-USA claim narratives. They...more
L’Oréal Gets Pancaked by False Origin Suit - Famous beauty products made in...Arkansas? ...more
On July 21, 2021, the Federal Trade Commission (“FTC” or “Commission”) held its second Open Commission Meeting. There were three items on the agenda: (1) whether or not to rescind a 1995 policy statement on prior approval and...more
In today’s competitive food and beverage industry, product labeling plays a significant role in marketing. Labels touting a product’s “natural” ingredients or health benefits allow manufacturers to charge a premium for their...more