Consumer Products Watch

On April 24, 2023, the Illinois Supreme Court announced an amended rule permitting service of summons through electronic means of communication. The new rule, effective immediately, clarifies the procedure for using this alternative means of service.

Prop 65 Counsel: What To Know

The Federal Trade Commission (FTC) continues to crack down on companies for falsely advertising that their products are “Made in USA,” as most recently announced in a press release issued on March 30, 2023.

An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even though the beverage derives its alcohol content from malt.

Can a corporate party affirmatively use deposition testimony from its own 30(b)(6) witness at trial? It depends.

Product liability cases often involve complex, multidisciplinary subjects where expert opinion testimony is necessary to explain scientific, technological, or other specialized issues to the jury.

The ArentFox Schiff Consumer Products Industry team reviews 10 of the most pressing legal issues for the industry in 2023.

With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game.

The Minnesota Legislature is currently considering legislation prohibiting the presence of intentionally added PFAS in a variety of consumer products by 2026 and in all consumer products by 2032.

Prop 65 Counsel: What To Know

The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States.

Prop 65 Counsel: What To Know

Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer waste.

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue. 

Investors, lenders, developers, governments, non-profits, and other real estate market participants are increasingly considering environmental, social, and governance (ESG)-related factors, such as climate change, sustainable energy, and energy efficiency in making decisions.

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in California.

On January 20, 2023, the US Food and Drug Administration’s (FDA) final rule on food traceability will take effect. Regulated entities will have a three-year compliance period, with a current compliance date of January 20, 2026. But what exactly will companies have to do to comply with the new rule?

As concerns about perfluoroalkyl and polyfluoroalkyl substances (PFAS) continue to grow, state legislators are taking action. After an initial wave of laws prohibiting the use of PFAS in firefighting products and food packaging, recently enacted legislation in California and New York.

‘Tis the season for many Americans to head out to a local Christmas tree farm. But what if in the course of picking out the perfect tree, someone twists their ankle out in the fields, a tree being felled falls on a caroler, or a car gets dented while the tree is being loaded in?

Prop 65 Counsel: What To Know

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.

Free-range hens, sustainably sourced, and 100% Parmesan Cheese: At first glance, these phrases are indistinguishable from the countless marketing consumers encounter on a daily basis. However, in courts across the country, these phrases could constitute false advertising.

A number of recent cases seek to combat what plaintiffs claim is a surge of deceptive marketing by companies in the food space. In particular, there have been a number of claims concerning the use and labeling of vanilla flavoring.

Companies often communicate with government agencies directly or through trade associations for a variety of reasons. But what happens when an adverse party tries to use comments made to the government or membership in an advocacy group as evidence in litigation?

Environmentally responsible fashion has become a key marketing signal for many global brands, with advertising claims such as “sustainable,” “responsibly sourced,” “organic,” and “recycled” cropping up throughout the fashion industry. These claims respond to growing demand from consumers.