A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be referred to the Federal Trade Commission (FTC). The NAD recently announced that it referred advertising claims made by dietary supplement
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Publication in the Federal Official Gazette of the Draft Amendment to the Mexican Official Standard 051 concerning labeling requirements for prepackaged foods and non-alcoholic beverages
By Ernesto Algaba & Cecilia Stahlhut on
On October 10, 2019, the Draft Amendment to the Mexican Official Standard NOM-051-SCFI/SSA1-2010, General Labelling Specifications for Prepackaged Foods and Non-Alcoholic Beverages-Commercial and Health Information (NOM-051) was published in the Federal Official Gazette (DOF).
The aforementioned publication derives from the amendment process which is subject to the referred Mexican Official Standard. As part…
FTC Hosts Public Workshop on “Made in USA” Claims
By Steve Steinborn, Veronica Colas & Mary Lancaster on
On September 26, 2019, the Federal Trade Commission’s (FTC’s or the Commission’s) Bureau of Consumer Protection (BCP) held a public workshop on “Made in USA” and similar U.S.-origin claims for consumer goods sold in the United States. This is the first time the Commission has sought public input on its approach to such claims since…
The Regulatory Impact Analysis and the draft amendment of the Official Mexican Standard “General Labelling Specifications for Pre-packaged Foods and Non-Alcoholic Beverages”
By Ernesto Algaba & Cecilia Stahlhut on
On October 7th, 2019, the Regulatory Impact Analysis and the draft amendment of the Official Mexican Standard NOM-051-SCFI/SSA1-2010 – “General Labelling Specifications for Pre-packaged Foods and Non-Alcoholic Beverages – Commercial and Health Information” were published in the portal of the National Commission on Regulatory Improvement. The foregoing was the result of the proposal…
Ninth Circuit Issues Ruling on “Made in the USA” Claims in California
By Martin Hahn & Veronica Colas on
Posted in Advertising, Food Labeling
The U.S. Appeals Court for the 9th Circuit issued a favorable decision earlier this year interpreting the California “made in the USA” statute. In a March 2018 unpublished opinion, the court affirmed the dismissal of lawsuits filed over the labeling of dog food and treats as “made in the USA” when they contained tapioca starch,…
USDA’s AMS Issues Proposed Rule on National Bioengineered Food Disclosure Standard
By Martin Hahn & Veronica Colas on
On May 3, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) issued its proposed rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016. AMS is proposing a crop-based approach, where disclosure would be required when a food is or contains a crop, or a derivative of a…
FTC Releases Revised Green Guides
By Steve Steinborn & Brian Eyink on
Posted in Advertising, FTC
The Federal Trade Commission (FTC) has released the final revisions to its “Green Guides,” which constitute the Commission’s guidance for making claims about the environmental benefits of a product in a manner that is not deceptive under Section 5 of the Federal Trade Commission Act. The final revised Green Guides largely reflect the revisions the…