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The National Advertising Division of BBB National Programs (NAD) recommended last month that Stihl Incorporated USA (Stihl), a manufacturer of equipment and tools, discontinue or modify its unqualified “Made in America”...more
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial...more
It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA." From an advertising industry perspective, this song's lasting popularity is no surprise;...more
Regulatory Announcements- FTC Commissioner Phillips Plans to Leave the Agency in the Fall, Per Media Reports. On August 8, several media outlets reported that FTC Commissioner Noah Phillips informed his staff through a memo...more
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
Alvaro Bedoya Sworn in as FTC Commissioner Following Senate Confirmation. On May 16, Alvaro Bedoya was sworn in as FTC Commissioner. The U.S. Senate confirmed Bedoya to the FTC’s open Commissioner on May 11. ...more
We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more
Last week, a split-panel of the Tenth Circuit affirmed the district court’s dismissal of a false advertising case in which plaintiffs alleged that “Product of the U.S.A.” labels on various beef products were misleading...more
On July 1st, the Federal Trade Commission (FTC) issued a new rule to deter what the Commission characterized as “rampant fraud” in the use of Made in USA labels. The effective date of the new rule will be thirty days from...more
Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider...more