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HTMLEPA is Considering Amendments to its Chemical Risk Management Program (RMP) Rule that Would Impose Burdensome Additional Requirements on both Covered Facilities and Facilities Not Currently Covered by the RMP Rule
Trent M. Doyle, Lawrence P. Halprin, doyle; Keller and Heckman LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
On August 1, 2013, reacting to a number of high-profile incidents and the constant drumbeat from the Chemical Safety Board, President Obama signed Executive Order 13650, entitled Improving Chemical Facility Safety and Security. Among other things, EO 13650 directs EPA and OSHA to consider possible...

 

HTMLFTC Dings Company for Peddling Made-in-USA Seals
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2015
What’s in a name? If you’re a company and your name is “Made in the USA,” your marketing had better smell at least as sweet as the Federal Trade Commission’s (FTC) Made in USA Standard, or so Made in the USA Brand, LLC (MITUB or the Company) discovered. The FTC...

 

HTMLFSIS Proposes New Recordkeeping Requirements for Ground Beef Processors & Retailers
Leslie T. Krasny, Manesh K. Rath, David G. Sarvadi, Brian P. Sylvester; Keller and Heckman LLP;
Legal Alert/Article
July 21, 2014, previously published on July 18, 2014
USDA’s Food Safety and Inspection Service (FSIS) plans to propose a rule, in the coming days, that imposes new recordkeeping requirements on ground beef processor establishments and retail facilities.

 

HTMLPublic Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis, Laura Venker; Keller and Heckman LLP;
Legal Alert/Article
July 19, 2014, previously published on July 7, 2014
The Food and Drug Administration (FDA) held a public meeting on June 26, 2014 to discuss the proposed rules to revise the Nutrition Facts label and serving sizes. The meeting featured an overview of the proposed rules by FDA, a panel on stakeholder perspectives with representatives from trade...

 

HTML"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts
Douglas J. Behr, Melvin S. Drozen, Daniel C. Rubenstein; Keller and Heckman LLP;
Legal Alert/Article
July 11, 2014, previously published on July 3, 2014
In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland. Reviewing a consumer’s assertion that the claimed benefit for a dietary supplement had insufficient scientific support, the Court ruled that...

 

HTMLFTC Finalizes Settlements of Alleged Safe Harbor Violations Against 14 Companies
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
The Federal Trade Commission (FTC) approved final orders on Wednesday, June 25, in settlements with 14 U.S. companies over the FTC’s allegations that the companies misrepresented their current participation in the U.S. Department of Commerce’s (DOC) U.S.-EU Safe Harbor Framework....

 

HTMLFTC Cuts Down Plastic Lumber Recycled Content Claims
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
June 26, 2014, previously published on June 20, 2014
For the second time in five months, the Federal Trade Commission (FTC) has announced a settlement of allegedly deceptive recycled content claims for plastic lumber.

 

HTMLCompliance with FDA Regulations May Not Protect a Company From the Risk of Liability to Competitors via Unfair Competition Challenges
Douglas J. Behr, Alyssia J. Bryant, Melvin S. Drozen, Arthur S. Garrett; Keller and Heckman LLP;
Legal Alert/Article
June 20, 2014, previously published on June 16, 2014
On June 12, 2014, the Supreme Court unanimously held that one competitor may sue another under the federal Lanham Act for false, misleading, or deceptive advertising and labeling of its food and beverage products even though the labeling may conform with FDA regulations. The Supreme Court took the...

 

Adobe PDFSupreme Court: Lanham Act Suit Not Preempted By FDA Regulation
Keller Heckman LLP;
Legal Alert/Article
June 20, 2014, previously published on June 12, 2014
The U.S. Supreme Court today ruled unanimously that competitors may file an action under the Lanham Act to challenge the name, label, marketing and advertising of beverages and other food regulated by the U.S. Food and Drug Administration under the Federal Food Drug and Cosmetic Act.* Neither the...

 

HTMLFTC Calls for Greater Transparency for Data Brokers
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
June 11, 2014, previously published on May 29, 2014
The Federal Trade Commission (FTC or Commission) called for legislative and industry actions in a 110-page report on the practices of data brokers, released Tuesday. The report is the culmination of an 18-month study of information obtained from nine data brokers, including such prominent companies...

 


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