Last week, 40 State Attorneys General entered into a settlement with Ford Motor Company related to its substantiation of payload capacity claims on certain Super Duty pickup trucks and the fuel economy of certain C-Max hybrids. Ford is paying $19 million to the participating States, plus $200,000 in costs. The settlement itself is pretty straightforward
UK’s ASA Roasts Oatly’s Climate-Friendly Claims
If you’re among the over 40% of U.S. consumers who vowed to change how you eat in the new year, fitting into pants that don’t have elastic waistbands may be one of numerous motivators. For many consumers, climate considerations are increasingly among the dietary priorities, and 2022 looks likely to bring plates filled with climate-friendly
Fashion Sustainability Claims Can’t Shake Scrutiny
With Earth Day in April, it’s not a surprise that sustainability claims in the clothing industry have been in the limelight this spring. Actions in both the U.S. and overseas are a reminder to fashion retailers of the importance of substantiating sustainability claims.
Recently lobbying group PoliticallyInFashion partnered with 40 organizations and individuals to submit
Upcoming Kelley Drye Events
Please join us for the following upcoming virtual events:
October 13
Futureproofing Privacy Programs
Building a successful privacy program requires much more than compliance with data protection laws. To thrive in today’s global, data-driven environment, companies also need to understand the political environment and public attitudes surrounding privacy in the countries in which they operate.
Colgate-Palmolive Must Sweat Out Limited Claims in Deodorant False Advertising Case
In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick Stainguard antiperspirant products (Speed Stick) fight yellow stains and white marks on clothing. Plaintiffs claimed that they purchased Speed Stick, but continued to experience marks and stains
Webinar Replay: Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims
Find the replay of our webinar Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims here.
COVID-19 has brought a proliferation of products claiming to kill or otherwise inhibit viruses, bacteria and other germs. These products, before they can be legally sold, are heavily regulated by the U.S. Environmental Protection Agency
Webinar Replay: Product and Earnings Claims in the Time of COVID-19
The replay of our recent webinar Product and Earnings Claims in the Time of COVID-19 is available here.
The FTC has recently sent warning letters to hundreds of companies for allegedly falsely implying that products can be used to treat, cure, mitigate, or prevent COVID-19. The FTC has also issued warning letters for implied
NAD Addresses Implied Coronavirus Cure Claims
We’ve posted about how the FTC, FDA, and EPA have each targeted companies for making unsubstantiated claims about how their products can treat or cure the coronavirus. Now, we’ll add another acronym to the list – NAD.
NAD recently issued a decision involving a video by the owners Your Superfoods, promoting the company’s Immunity Bundle.
EPA Issues Consumer Advisory on Products Claiming to Kill Coronavirus
EPA issued another in a series of recent advisories aiming to clarify for consumers and companies what they need to know about disinfectant products claiming to kill the coronavirus. EPA is actively investigating the numerous tips and complaints it continues to receive concerning products marketed with possibly false and misleading coronavirus/COVID-19 related claims.
Ad Law Access Podcast – Health Claims 101: Key Considerations For Making Compliant Health Claims
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing partner Kristi Wolff discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of context. This episode is a prequel to her earlier Health Claims in the Context of COVID-19 episode which focused