News & Analysis as of

Product Labels Enforcement Actions

Fox Rothschild LLP

Beware Made in USA Advertising

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A few weeks ago, the Federal Trade Commission (FTC) reached an agreement with Williams-Sonoma over a lawsuit alleging that it listed multiple products as being “Made in USA” that were made in China and other countries and...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Manatt, Phelps & Phillips, LLP

FTC Obtains Largest Civil Penalty for False Made in USA Claims

The Federal Trade Commission (FTC) has announced that it has obtained a $2 million civil penalty from tractor maker Kubota North America for falsely labeling thousands of its replacement parts as being “Made in USA.” Under a...more

Venable LLP

FTC Issues Record-Breaking Civil Penalty in “Made in USA” Case

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Tractor maker Kubota North America Corporation will pay a $2 million civil penalty for falsely labeling its replacement parts as “Made in USA,” the largest civil penalty ever in a Federal Trade Commission (FTC) Made in USA...more

Davis Wright Tremaine LLP

Real MEAT Act Reintroduced in Congress

Sen. Deb Fischer (R-Neb.), a cattle rancher and member of the Senate Agriculture Committee, thinks alternative protein products deceive Americans by imitating real meat. To address this issue, she has reintroduced the Real...more

Bradley Arant Boult Cummings LLP

Mississippi Half-Step Uptown Toodeloo: Department of Health Proposes Robust Revisions to Medical Cannabis Regulations

Those long-awaited proposed revisions to the Mississippi Department of Health’s medical cannabis program regulations dropped last Thursday afternoon. Thankfully, the department released a red-lined version, highlighting...more

BakerHostetler

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

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The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more

American Conference Institute (ACI)

[Event] 11th Legal, Regulatory & Compliance Forum on Dietary Supplements - June 28th - 29th, New York, NY

ACI and CRN are excited to welcome you back to New York City this Spring for the 11th Legal, Regulatory & Compliance Forum on Dietary Supplements. Since last year, there have been numerous important developments...more

Benesch

The FTC Has Not Taken Its Foot Off the Pedal on "Made in the USA" Claims

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The fact that the Federal Trade Commission  (“FTC”) has been active over the last two-plus years is far from breaking news. While it has gained tremendous attention for its relatively new interest in certain big issues—e.g.,...more

ArentFox Schiff

FTC Cracks Down Against False Made in USA Advertisements

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The Federal Trade Commission (FTC) continues to crack down on companies for falsely advertising that their products are “Made in USA,” as most recently announced in a press release issued on March 30, 2023....more

BakerHostetler

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

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Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more

DarrowEverett LLP

Born in the USA? Product Origin Claims Nothing to Mess With

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The interconnectedness of the global economy has resulted in consumers being faced with a wide selection of substitute products from many different countries. A ”Made in the United States” claim could be, and often is, a...more

ArentFox Schiff

Desperate Times, Desperate Measuring Cups – FTC Brings Enforcement Action for False “Made in USA” Advertising

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The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States....more

Holland & Knight LLP

Federal Trade Commission's Glass Door into the (Made in) USA

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The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more

Venable LLP

FTC Debunks Claim That Trunk Bunk Pads Were Made in the USA

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​​​​​​​On August 30, the Federal Trade Commission announced a complaint and proposed order for Ohio-based Electrowarmth Products, LLC and its owner, alleging they improperly claimed that their heated fabric truck bunk...more

BakerHostetler

There Is Bad Press: FTC Defendant Sues the Agency Over an Over-the-Top Release

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P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being...more

McGuireWoods LLP

FTC Brings Fourth Enforcement Action Under Made in USA Labeling Rule

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On Aug. 9, 2022, the Federal Trade Commission (FTC) announced that it had referred a complaint to the U.S. Department of Justice alleging that Axis LED Group LLC, ALG-Health LLC and the individual who controls the companies...more

Hinch Newman LLP

FTC Made in USA Lawyer Discusses Latest Agency Enforcement Matter

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A proposed FTC settlement that involves alleged false Made in USA representations and alleged deceptive COVID claims was recently filed by the Department of Justice on the FTC’s behalf against an individual and the two...more

Alston & Bird

FTC Enforces New “Made in USA” Labeling Rule for First Time

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Our Consumer Protection/FTC Team reviews the Federal Trade Commission’s Made in USA Labeling Rule and the lessons companies can learn from the remedies the FTC sought in its first enforcement action of the rule....more

BakerHostetler

What’s in a Label - Three Takeaways from the FTC’s First Enforcement Action Brought Under the New Made in the USA Rule

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Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more

Ervin Cohen & Jessup LLP

FTC Seeks $5.5 Million Penalties for Deceptive Environmental Claims

On April 8, 2022, the Federal Trade Commission (“FTC”) announced that it was using its Penalty Offense Authority to seek a $5.5 million penalty for deceptive environmental claims against Kohl’s, Inc. ($2.5 million) and...more

BakerHostetler

AD-ttorneys@law - April 2022

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Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

BakerHostetler

AD-ttorneys@law - March 2022 #2

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CafePress Owners Nabbed for Failing to Protect Consumer Data - Company left Social Security numbers out and unencrypted, then hid the data breach...more

Manatt, Phelps & Phillips, LLP

NAD Recommends P&G Discontinue Claim that Olay “Improves Skin 3X Better” than Leading Body Wash

The National Advertising Division (NAD) of BBB National Programs has recommended that The Procter & Gamble Company (P&G) discontinue the claim that Olay Premium body wash “improves skin 3X better” than the leading body wash....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

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