LexisNexis® Legal Newsroom
The Federal Trade Commission Again Targets 'Made-In-USA' Claims

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 equivalent statements) unless “all or virtually...

Eco Friendly Green Award

FDA Declines to Define "Natural"

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,” and more generally, declined the opportunity...

FTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Products

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 announced actions against four different marketers...

FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle

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 a Frontier can push a dune buggy up a steep hill...

California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?

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 bar with a flexible approach to class certification...

Social Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply

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 consumers who offer testimonials or endorsements...

"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts

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 lexis.com subscribers ]. Reviewing a consumer’s assertion that the claimed benefit for a dietary supplement had...

Purina and Jim Beam Hit By Lawsuits In California Federal Courts

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 and death of thousands of dogs.” Bill Salzman...

How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments

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 (but more than 0 grams) even though Food and...