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Consumer Product Matters A product safety and consumer related regulation and litigation blog

Tag Archives: False Advertising

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

FDA Finally Decides that “Evaporated Cane Juice” Is Misleading Consumers

Posted in Advertising, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage

Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves. However, newly finalized FDA guidance on use of the term “evaporated cane juice” (“ECJ”) as an ingredient in food labels may… 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

Lawsuits Against The Honest Company Highlight Continued Risks of “All Natural” Labeling

Posted in Advertising, Litigation, Product Class Actions, State Consumer Protection Laws

Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients.  The Honest Company sells personal care, cleaning, and baby products in multiple channels including at retail, online and through consumer subscriptions.  The company was co-founded by the actress Jessica Alba… Continue Reading

Fraudulent Dietary Supplements Highlighted in the 2016 National Consumer Protection Week

Posted in Consumer Product Safety, Drugs & Cosmetics, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage

In case you hadn’t heard about it or didn’t get involved in any of the events hosted by various campaign members, the week of March 6-12 was National Consumer Protection Week.  Besides the usual efforts to educate the public about our basic rights as consumers, the risks of identity theft, and certain types of scams such as… Continue Reading

Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

Posted in Advertising, Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act.  In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was “obligated to inform consumers that some proportion of its cat food products may include seafood which was sourced from… 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

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

Posted in Advertising, Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to California’s Transparency in Supply Chains Act. The Barber plaintiffs’ theory was that Nestle had violated California’s panoply… Continue Reading

What Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?

Posted in Advertising, Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws

On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products directly to consumers. Through SmartLabel, simply by searching online or scanning the bar code on a product’s label, consumers can readily access a wealth of detail… 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

The Continuing Conundrum of the California Food Fight

Posted in Drugs & Cosmetics, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Litigation

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods.  Nationwide, consumers are demanding more information from manufacturers and retailers of these goods, and companies in the relevant industries seem ready, willing, and able to provide that information.  This is evidenced by many… 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

Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines

Posted in Advertising, Consumer Product Safety, Food & Drug Administration (FDA), Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws

Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products.  In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a decision to permanently dismiss the case would be unjust… Continue Reading