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Category Archives: Labeling

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FTC Streamlines its Fur, Textile and Wool Labeling Filing Process

Posted in Labeling, Regulations
Continuing Acting Chair Maureen K. Ohlhausen’s regulatory reform agenda, the Federal Trade Commission (FTC) has updated its website at  RN.FTC.GOV to allow real-time electronic filings of requests to obtain, update, or cancel registered identification numbers (RN) under the Fur, Textile and Wool Labeling Rules. The new web-based process is intended to streamline applications from businesses… Continue Reading

FTC Extends Comment Deadline on Proposed Changes to Jewelry Guides

Posted in Advertising, Labeling, Regulations
The Federal Trade Commission (FTC or Commission) announced that it will extend the period for the public to comment on its proposed update to the Guides for the Jewelry, Precious Metals, and Pewter Industries (the Jewelry Guides, published in 16 C.F.R. Part 23). Comments are now due June 3, 2016, instead of April 4, 2016.… Continue Reading

California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law

Posted in Advertising, Labeling, Regulations
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels.  The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that have found compliance… Continue Reading

FTC Proposes Updates to Fair Packaging and Labeling Rule

Posted in Labeling
The Federal Trade Commission (FTC) is proposing updates to its labeling and packaging requirements under the Fair Packaging and Labeling Act (FPLA), including deleting specific requirements for commodities advertised using terms such as “introductory offer,” “cents off,” and “economy size.” The proposed changes would also modernize place-of-business requirements, allowing businesses to omit addresses if their street addresses is… Continue Reading

POM-eled: POM Wonderful, The FTC and Competitor Challenges (Hint – It’s All About Consumer Deception)

Posted in Labeling
The name of POM Wonderful, LLC (“POM”) will now forever be linked to some important advertising rulings that are not only of central significance to the food industry, but have broader advertising significance as well.  We are reminded of those actions today because POM’s advertising claims touting health benefits of pomegranate juice resulted in a… Continue Reading

Perception of Deception

Posted in Advertising, Labeling
In the advertising world, we know that deception lies in the eyes of the beholder.  Agencies like the Federal Trade Commission (FTC), or self-regulatory bodies like the National Advertising Division (NAD), legally stand in the shoes of the consumer, in the absence of consumer perception studies.  In private litigation, however, the question of consumer perception… Continue Reading

FDA Publishes Menu Final Labeling Regulations

Posted in Labeling
On November 25, 2014, the Food and Drug Administration (FDA) released final regulations implementing nutrition labeling requirements for retail food establishments.  The regulations implement Section 4205 from the Patient Protection and Affordable Care Act, which requires chain restaurants and similar retail food establishments to provide consumers with more nutrition information.  From an advertising perspective, the… Continue Reading
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