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|CPFB Turns Three: Three Years, Big Impact|
Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
July 28, 2014, previously published on July 24, 2014The Consumer Financial Protection Bureau (“CFPB”) has concluded its third year. Created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Bureau has taken significant steps to define its role in the consumer financial services...
|FTC Dings Company for Peddling Made-in-USA Seals|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
July 25, 2014, previously published on July 23, 2015What’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...
|FDA Guidance Limits Flexibility in Social Media Promotional Communications|
John T. Bentivoglio, Jennifer L. Bragg, Maya P. Florence, Michael K. Loucks, Gregory M. Luce; Skadden, Arps, Slate, Meagher & Flom LLP;
July 23, 2014, previously published on July 21, 2014Three recently issued draft guidance documents (Draft Guidances) from the U.S. Food and Drug Administration (FDA or Agency) are designed to assist manufacturers in product communications via social media and other interactive media platforms. Generally, the Draft Guidances continue to require...
|Public 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;
July 19, 2014, previously published on July 7, 2014The 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...
|Apache Corporation Seeks Buyer for Stake in the Wheatstone Project|
Sutherland Asbill Brennan LLP;
July 11, 2014, previously published on July 8, 2014Bloomberg reports that Apache Corporation is seeking a buyer for its interests in the Wheatstone LNG project. Apache Corporation, an American oil and gas producer, has engaged in early discussions with potential buyers for its holdings in Chevron Corporation’s project in Western Australia....
|"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;
July 11, 2014, previously published on July 3, 2014In 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...
|New Jersey Redefines Permissible Types of Pay-to-Play Skill Contests|
Ed Chansky, Erica Okerberg; Greenberg Traurig, LLP;
July 8, 2014, previously published on June 30, 2014New Jersey recently amended its law on skill contests. The new law defines the types of skill contests where a payment can be required to enter. This change could affect operators of video game tournaments, fantasy sports leagues, or other competitions historically viewed as skill-based (and...
|Is Your Food and Beverage Label Now Susceptible to Attack?|
McDonald Hopkins LLC;
July 4, 2014, previously published on June 27, 2014As a consequence of the United States Supreme Court’s recent unanimous ruling in Pom Wonderful LLC v. Coca-Cola Co., food labels will now come under increased scrutiny and attack by competitors. The issue under consideration was not actually the label but rather the interplay between two...
|FDA Issues Draft Guidance on Promotion on Internet and Social Media Platforms|
Sarah J. Abramson, David G. Adams, Kristen R. Klesh; Venable LLP;
July 4, 2014, previously published on June 2014On June 17, 2014, the FDA issued long-awaited draft guidance documents addressing two challenges related to use of social media to communicate about FDA regulated products: dissemination of information in character-limited forums and the correction of third-party misinformation. While helpful in...
|Supreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act|
David D. Conway, Martin L. Saad; Venable LLP;
July 4, 2014, previously published on June 26, 2014The United States Supreme Court paved the way on June 12 for competitors to challenge FDA-regulated food and beverage labels under the Lanham Act. The Court's opinion in POM Wonderful LLC v. The Coca-Cola Co, is the latest chapter in a long-running feud between the two beverage companies. The...