Public Policy

Recent Posts

FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle
Posted on 3 Apr 2014 by GreenbergTraurig

Nissan North America, Inc. and the advertising agency that designed a television advertisement for the Nissan Frontier pickup truck have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising in a 30-second ad demonstrating how... Read More

Purina and Jim Beam Hit By Lawsuits In California Federal Courts
Posted on 27 Apr 2015 by DLA Piper

Nestle Purina hit by lawsuit over allegedly poisonous dog food. A lawsuit filed February 5 in the US District Court for the Northern District of California contends Nestle Purina PetCare’s Beneful dry dog food has “resulted in serious illness... Read More

FTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Products
Posted on 19 Feb 2014 by GreenbergTraurig

The Federal Trade Commission (FTC) has announced “Operation Failed Resolution,” a new initiative as part of the FTC’s ongoing effort to combat misleading claims for products promoting easy weight loss and slimmer bodies. The FTC also... Read More

California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?
Posted on 6 May 2014 by DLA Piper

By: Stefanie Jill Fogel , George Gigounas , and Rachael E. Yourtz In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the... Read More

Social Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply
Posted on 27 May 2014 by GreenbergTraurig

The FTC recently conducted an investigation of shoe manufacturer Cole Haan's "Wandering Sole" photo contest. The investigation focused on compliance with FTC guidelines requiring disclosure of material connections between an advertiser and... Read More

FDA Declines to Define "Natural"
Posted on 5 Feb 2014 by DLA Piper

In a much anticipated letter response, FDA has officially declined the opportunity to administratively determine whether foods containing bioengineered ingredients may be labeled as “Natural,” “All Natural” or “100% Natural... Read More

How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments
Posted on 6 May 2015 by Keller and Heckman LLP

The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving... Read More

"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts
Posted on 24 Jul 2014 by Keller and Heckman LLP

In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland, [ enhanced version available to subscribers ]. Reviewing a consumer’s assertion that... Read More

The Federal Trade Commission Again Targets 'Made-In-USA' Claims
Posted on 21 Nov 2013 by GreenbergTraurig

After a period of relative inactivity, the FTC last month has again brought an enforcement action under its 1997 Policy Statement on “Made in USA” claims. The Policy Statement prohibits advertising a product as “Made in USA” (or... Read More