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Category Archives: Federal Trade Commission (FTC)

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FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs

Posted in Advertising, Children's Products, Consumer Product Safety, Drugs & Cosmetics, Federal Regulations, Federal Trade Commission (FTC), Manufacturer Product Safety, Product Liability

We reported a few weeks ago about a new warning from FDA related to the safety of certain teething-related, non-prescription homeopathic drug products, and in that post we mentioned that both FDA and the Federal Trade Commission (FTC) held public workshops in 2015 to gather information about this uniquely-regulated class of consumer products.  Today, FTC released… Continue Reading

Stuck in the Middle with the FTC

Posted in Advertising, Federal Regulations, Federal Trade Commission (FTC), Litigation, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

“…Clowns to the right of me, jokers to the left, here I am…” -Stealers Wheel (1972) Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings.  For example, in 2014, the FTC issued 16 “closing… Continue Reading

“Multi-Agency Interactive Tool” Available for Developers of Health Apps

Posted in Advertising, Federal Regulations, Federal Trade Commission (FTC), Food & Drug Administration (FDA)

It seems as though 2016 may become the year that industry receives a plethora of helpful interactive portals from Federal Agencies.  My colleague Matt Cohen recently reported on the existence of a new CPSC tool called The Regulatory Robot that’s helping businesses identify the product safety rules that might apply to a new product.  This week, the Federal Trade Commission (FTC) — in conjunction with the Food… Continue Reading

National Retailer Settles FTC Native Advertising Complaint

Posted in Advertising, Federal Regulations, Federal Trade Commission (FTC)

The potential pitfalls of native advertising were on display this month at the Federal Trade Commission (FTC). The agency reported that national retailer Lord & Taylor settled with it on charges that the company improperly paid for native advertisements. Lord & Taylor allegedly did not disclose that an article in the online publication Nylon, as well as a Nylon… Continue Reading

Reminder – Truthful Advertising Is Not Optional

Posted in Advertising, Federal Regulations, Federal Trade Commission (FTC)

We blog frequently about new regulatory developments coming from CPSC or FDA and about enforcement actions brought by those federal agencies as well as state counterparts and private plaintiffs.  But we don’t very often discuss actions involving the Federal Trade Commission (FTC) and its enforcement of the FTC Act’s broad prohibition on unfair or deceptive… Continue Reading

Settlement Looms for “Made in USA” Jeans Suit

Posted in Advertising, Federal Regulations, Federal Trade Commission (FTC), Litigation, Product Class Actions, State Consumer Protection Laws, State Regulations, State Unfair Competition Laws

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 Adriano Goldschmied, Inc. et al. asked the court for preliminary approval of a $4 million settlement between class members and defendants Nordstrom,… Continue Reading

California Joins rest of Country in “Made in USA” Rules

Posted in Advertising, Consumer Product Safety, Federal Regulations, Federal Trade Commission (FTC), Manufacturer Product Safety, State Regulations, State Unfair Competition Laws

California, the beacon of individualism and often marching to its own set of rules, has joined the rest of the country as Gov. Jerry Brown has signed SB 633 which revises California’s take on what constitutes “Made in USA”. Up until this week, existing California law prohibited the sale or offering for sale in the… Continue Reading

FTC Tastes “Sweet” Victory: The Implications of POM Wonderful for Government Practice

Posted in Advertising, Federal Trade Commission (FTC)

Written by: Timothy Slattery In part two of this two-part series, we explore two critical takeaways for those facing potential government intervention: (1) the implications of the Court’s deference to the Commission, and (2) whether a substantive disclaimer is a silver bullet to avoid agency scrutiny (or, at least, an agency win). A Second Quick… Continue Reading

No Representation Without Substantiation? What POM Wonderful v. FTC Means for Consumer Class Actions

Posted in Advertising, Federal Trade Commission (FTC), Litigation, Product Class Actions, State Consumer Protection Laws

In this first post of a two-part series, we take a closer look at last Friday’s decision in POM Wonderful v. FTC by the U.S. Court of Appeals for the District of Columbia, which has meaningful implications for how companies advertise their products’ health benefits to consumers. The decision bolsters the Federal Trade Commission’s position that, when a company… Continue Reading

Operation Full Disclosure! FTC’s Frontal Assault on Ads

Posted in Advertising, Consumer Product Safety, CPSC Enforcement Actions, Federal Trade Commission (FTC)

In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws.  The Federal Trade Commission is similarly concerned with the prevention of false and misleading claims, but its focus is also on the product’s advertising, not just its labeling. Recently,… Continue Reading

Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

Posted in Advertising, Consumer Product Safety, CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, Federal Trade Commission (FTC), Litigation, Manufacturer Product Safety, Uncategorized

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately dragging their feet. On Tuesday, September 2, the Northern District of Georgia held the CEO and a senior vice president of Hi-Tech… Continue Reading

Product Safety Update from Capitol Hill (Part Two)

Posted in Advertising, Consumer Product Safety Commission (CPSC), Federal Trade Commission (FTC), U.S. Congress

Earlier this year, we began a series of blog entries to update our readers on legislative efforts on Capitol Hill that affect stakeholders within the product safety arena. One such legislative effort is a bill introduced by Senator Amy Klobuchar (D-MN) to support initiatives to curtail deaths caused by carbon monoxide poisoning.  That legislation, known… Continue Reading

FTC Brings Enforcement Action over “Made in USA” Claims

Posted in CPSC Enforcement Actions, Federal Trade Commission (FTC)

Two months ago, our colleague Dan Herling cautioned on this blog about making unsubstantiated “Made in the USA” claims on consumer products.  He compared the Federal Trade Commission’s standard to California’s more stringent standard under Business & Professions Code 17200.  Interestingly, just last week, the FTC announced that it has entered into proposed consent order… Continue Reading

Are California Courts Cooling on ‘All Natural’ Suits?: Naturally Beyond Belief

Posted in Advertising, Consumer Product Safety, Federal Trade Commission (FTC), Food & Drug Administration (FDA), Food and Beverage, Litigation, Manufacturer Product Safety, State Regulations, State Unfair Competition Laws

California’s District Courts have, of late, become the go-to jurisdictions for plaintiffs bringing ‘natural’ labeling lawsuits against national food manufacturers.  This is due, in large part, to California’s consumer-friendly Unfair Competition Law, False Advertising Law, and Consumer’s Legal Remedies Act.  California District Courts may be sending a different message though. ‘All Natural’ suits try to… Continue Reading

California, the FTC, & Made in the USA Claims

Posted in Advertising, Consumer Product Safety, Federal Regulations, Federal Trade Commission (FTC), Manufacturer Product Safety, State Regulations, State Unfair Competition Laws

Demi Lovato’s hit song “Made in the USA” recounts how her love for her boyfriend is both amazing and patriotic.  If they had fallen in love in Paris or Acapulco, however, she may be facing an enforcement action by the FTC or a lawsuit in California under Business & Professions Code 17200 for false advertising…. Continue Reading

The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?

Posted in Advertising, Consumer Product Safety, Federal Trade Commission (FTC), Food & Drug Administration (FDA), Food and Beverage, Litigation, Product Class Actions, State Unfair Competition Laws

Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot? In the ongoing California battle over lawsuits against food companies alleging false and misleading advertising, Plaintiffs claims are judged by the “reasonable consumer” test, in which plaintiffs must show that the public is likely to be… Continue Reading

FTC & Green Advertising: Mattress Companies Settle FTC Allegations of Unsubstantiated “VOC” Marketing Claims

Posted in Advertising, Consumer Product Safety, CPSC Enforcement Actions, Federal Trade Commission (FTC)

The FTC’s recent settlements with three mattress companies send a message to all companies making “VOC Free” (volatile organic compounds) and similar environmental or “green” claims. These mattress settlements come just nine months after FTC settlements with two of the nation’s leading paint companies, The Sherwin-Williams Company and PPG Architectural Finishes for similar “VOC Free”… Continue Reading