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Court Sides with Tea Drinkers in Made in USA Dispute

In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the teas are actually grown...more

Using Domestically Sourced Recycled Content? Look Beyond the Recycling Process before Claiming It’s “Made in USA”

We periodically stumble across older FTC investigations that have new relevance, and post about them as reminders. That happened recently as we get more questions about the use of recycled content and the desire to tout...more

FTC Announced Third Right to Repair Action in Three Weeks

The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more

FTC Announces Two Actions on Right to Repair While Legislative Efforts Continue

The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more

Fixing the Nix: FTC Set to Target Manufacturer’s Warranty Restrictions on Independent Repairs

Following the momentum of President Biden’s sweeping competition executive order, the FTC now wants in on the action. In a unanimous vote, the Commission approved to adopt a policy statement calling for more aggressive...more

FTC and Right to Repair

Companies watching the “right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is “scant evidence to support...more

FTC Moving Away From “Lax Enforcement” with Made in USA Claims

The FTC recently announced that glue maker, Chemence, paid a landmark $1.2 million settlement to resolve allegations that the company failed to comply with a 2016 Order regarding “Made in USA” claims. The 2016 Order required...more

FTC’s Mail Order Rule Crackdown Continues

Last week the FTC filed suits against three online merchandisers regarding their alleged failures to promptly deliver personal protective equipment (PPE) to consumers. The lawsuits allege that three online sellers violated...more

Tea Drinkers Bag Bigelow Tea for “Made in USA” Claims

On July 13, consumers filed a class action complaint in California federal court against Bigelow Tea, alleging the company falsely and deceptively represented that its tea products were made in the United States. Plaintiffs...more

FTC Files Complaint Alleging Mail Order Rule Violations

As the pandemic continues to turn consumers to online shopping, shoppers report increasing dissatisfaction with websites that advertise “Fast Shipping,” “2-Day Shipping,” or make similar representations about speedy shipping...more

FTC Seeks Rule to Collect Civil Penalties for Made in USA Labeling Violations

Further to ongoing efforts to evaluate and regulate how companies advertise and label that their products are “Made in the USA,” last week the FTC issued a staff report and a proposed rule that would include the possibility...more

FTC Delivers $9.3 M Reminder About Mail Order Rule

Yesterday, the FTC announced that online retailer Fashion Nova had agreed to pay a record $9.3 million to settle charges that it violated the Mail Order Rule by failing to properly notify customers and give them the chance to...more

Challenges Shipping on Time Because of COVID-19? What You Should Know about the FTC’s Mail Order Rule

As localities order people to stay at home and non-essential businesses to close, consumers are turning to online options. Although you might welcome the traffic, you might also be facing unexpected challenges like a reduced...more

Nixing the Fix: Recap of FTC Workshop on Product Repair Restrictions

Make a product that could break? On July 16, 2019, the FTC hosted a workshop to examine repair restrictions on consumer goods and the “Right to Repair” bills proposed in a number of states. Panelists included representatives...more

Avoid a Misstep with Qualified “Made in USA” Claims: Class Action Against New Balance Leads to Proposed $750,000 Settlement

Most of our posts regarding “Made in USA” claims relate to FTC investigations and enforcement actions. Private plaintiffs, however, also closely watch those claims. For example, in 2018 plaintiffs filed a class action lawsuit...more

How the Government Shutdown Is Affecting Federal Agencies

While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal government continues to be...more

Christine Wilson Sworn In as FTC Commissioner Following Maureen Ohlhausen’s Departure

On September 26, 2018, Christine Wilson was sworn in as FTC Commissioner. Commissioner Wilson – the fifth and final Trump appointee – joins the FTC from Delta Airlines and assumes former Commissioner Maureen Ohlhausen’s seat....more

Worlds Collide: FTC Answers CPSC’s Request for Written Comments on IoT and Product Hazards

If you follow our blog, you know that we often write about issues involving the FTC and the CPSC, but we usually do not write about both in the same post. Now those worlds have collided. The staff of the FTC’s Bureau of...more

Trump To Nominate Competition-Focused Simons for FTC Chair, CP-Focused Chopra for Commissioner; Reports of Philips for Additional...

After months of speculation among the consumer protection and antitrust bars, Trump announced today his intention to nominate former Director of the Bureau of Competition and current Paul Weiss partner Joseph Simons as...more

“OK, Google. Send a Letter to the CPSC.”: Privacy Groups Request Recall of Google Home Mini

Last Friday, ten consumer and privacy advocacy groups, including the Electronic Privacy Information Center, Center for Digital Democracy, and Consumer Watchdog, sent a letter to Acting Chairman Ann Marie Buerkle, requesting...more

Will the FTC’s Deception Evidence Fall Short? Court to Rule in DirecTV Case

U.S. District Judge Haywood S. Gilliam Jr. said Friday that the court would pause the trial to consider whether the FTC presented sufficient evidence to support its allegations that DirecTV misled consumers by failing to...more

FTC Announces Changes at the Helm of the Bureau of Consumer Protection; Thomas Pahl to Take Over as Acting Bureau Director...

Acting Chairman of the Federal Trade Commission Maureen Ohlhausen announced today that Thomas Pahl – a current partner at Arnall Golden Gregory with significant experience at both the FTC and the Consumer Financial Protection...more

New FTC Acting Chair Maureen Ohlhausen Offers Insight into Consumer Protection Priorities

Just over one week after being named acting chair of the Federal Trade Commission (FTC), Maureen Ohlhausen delivered the keynote address at the American Bar Association’s biennial Consumer Protection Conference in Atlanta on...more

What to Expect from the FTC

Our colleague Bill MacLeod, chair of the Antitrust Section of the American Bar Association, and former director of the FTC’s Bureau of Consumer Protection, penned the following blog post on what we might expect at the FTC...more

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