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The National Advertising Review Board (“NARB”) recently upheld an NAD decision regarding Goya Foods, Inc.’s claim, “La Pasta Favorita de Puerto Rico” or “Puerto Rico’s Favorite Pasta,” finding that the claim was not puffery and that it required substantiation. As we summarized here, NAD previously determined that use of the term “favorite”

Consumers increasingly want to feel good about their buying decisions and like-minded companies often look for ways to communicate how they align with consumers in the marketplace through “cause marketing.”

Advertising and Marketing and Consumer Product Safety practice groups chair Christie Grymes Thompson covers a specific type of cause marketing – the commercial coventure (CCV)

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 from trade associations, the repair and technology industries, and state senators. The Nixing the Fix workshop discussed some

Asserting the authority to oversee the Consumer Product Safety Commission, Frank Pallone, Jr. (D-NJ), Chairman of the Committee on Energy and Commerce, and Jan Schakowsky (D-IL), Chair of the Subcommittee on Consumer Protection and Commerce, have requested information from the Commission concerning the CPSC’s workload and its dealings with the public with regard to consumer

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 against New Balance Athletics Inc. challenging qualified “Made in USA” claims. Although the plaintiffs acknowledged that New Balance qualified the claim

On January 14, Plaintiffs in the consolidated case of Veera v. Banana Republic, LLC, et al., filed for approval of a preliminary class action settlement after Plaintiffs Veera and Etman successfully argued that “frustration” and “embarrassment” over unclear discounts is sufficient to meet the requirements for injury.

According to separate lawsuits filed against Banana Republic

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 in a partial shutdown.  President Trump is reportedly meeting with congressional leaders today ahead of Thursday’s start to a

Yesterday, 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. Commissioner Ohlhausen announced her departure on Tuesday – the day her term ended, concluding over six years of service as Commissioner, including a

On Tuesday, in an 80 to 19 vote, the Senate confirmed Peter Feldman as CPSC Commissioner – to finish Commissioner Mohorovic’s term ending October 26, 2019. Today, in a narrow 51 to 49 vote, the Senate confirmed him to a full, seven-year term. As we discussed here, Mr. Feldman previously served as Senior Counsel

On June 21, the Senate Committee on Commerce, Science, and Transportation held a hearing on Peter Feldman’s nomination for Commissioner of the Consumer Product Safety Commission (CPSC). Mr. Feldman was initially nominated on June 4th only to finish Commissioner Mohorovic’s term, which ends in October 2019, but was re-nominated on June 7th for a separate term to end in 2026. At the hearing, Mr. Feldman stated his intent to focus on “modernizing the agency and increasing its transparency.” He specifically addressed the need to modernize CPSC’s data capabilities, especially in regards to identifying emerging hazards, determining the CPSC’s role in evolving e-commerce distribution models, and improving outreach and transparency to stakeholders.

If he is confirmed, the Republicans will return to the majority after almost 12 years. Senator Jerry Moran (R-Kan.), Chairman of the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security, has stated that he hopes the Committee will move “expeditiously” with Feldman’s confirmation and that his “expertise in regards to the issues before the Commission and extensive qualifications will be an asset as the Commission gets back on track in advancing product safety policies that reflect the principles of sound regulation.” Similarly, Congressman Bob Latta (R-OH), Chairman of the Digital Commerce and Consumer Protection Subcommittee, has urged the Commerce Committee to move forward with not only Feldman’s confirmation, but also Acting Chair Ann Marie Buerkle’s confirmation. Buerkle’s (R) nomination to become Chairman has been pending for 10 months with no indication of when a vote will be scheduled.
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