FTC Challenges “All Natural” & “100% Natural” Claims

FTC Challenges “All Natural” & “100% Natural” Claims

On April 12, 2016, the Federal Trade Commission (FTC) announced agreements with four cosmetics companies to settle charges by the FTC that the companies falsely advertised their products as "all natural" or "100% natural" even though their products contained synthetic ingredients.  The FTC also issued a complaint against a fifth company. If you have attended one of [...]

California’s New “Made in USA” — Not Stopping Onslaught of New Litigation Based on Prior Conduct

California’s New “Made in USA” — Not Stopping Onslaught of New Litigation Based on Prior Conduct

During the 2015 legislative session,  California's legislature amended its "Made in USA" law (previously discussed here) with SB 633.  Under the new law, effective January 1, 2016, products sold in California may legally be labeled with a "Made in USA" claim as long as certain conditions are met (discussed below).  Unfortunately, however, over the last 6 months, class [...]

California’s “Made in USA” Law Upheld as Neither Unconstitutional nor Preempted

California’s “Made in USA” Law Upheld as Neither Unconstitutional nor Preempted

In the case Louise Clark v. Citizens of Humanity LLC et al., case number 3:14-cv-01404, pending in the U.S. District Court for the Southern District of California, in denying the defendants' motion to dismiss, the court concluded that California's "Made in USA" law, Business & Professions Code section 17533.7, is neither unconstitutional nor preempted by federal law. [...]

Register Now! Looking Good in the Eyes of the Law — Updated Agenda

Register Now! Looking Good in the Eyes of the Law — Updated Agenda

I am excited to announce a few changes to the agenda for our Looking Good in the Eyes of the Law seminar. Curt Valva of Aubrey Organics will be the MC for the seminar.  In addition, Dr. Paula Johnson, Research Scientist and Lead of the California Safe Cosmetics Act Program will be a presenter.  A [...]

“Handmade” Claims Next Target for Class Action Litigation?

“Handmade” Claims Next Target for Class Action Litigation?

In December 2014, Maker's Mark was hit with a putative class action lawsuit challenging its use of the claim "Handmade." According to the complaint, Maker's Mark Whisky's manufacturing process uses a mechanized and/or automated process with little to no human supervision, assistance, or involvement.  If the whiskey was originally "handmade,"  does the subsequent mechanization cause the [...]