Insights on Consumer Products

The United States Court of Appeals for the Fifth Circuit recently reversed a 2014 decision of the National Labor Relations Board prohibiting mandatory arbitration of class or collective actions in employment disputes.

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.”

Businesses must constantly adapt to technological advancements in order to remain competitive in a fast-paced digital economy. Consider, for example, the music or computer industry—a company founded in 1980 will be offering very different products and services today than it did at its inception.

The Federal Trade Commission (FTC) continues to pursue companies for failing to disclose material connections in endorsements.

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.

Recently, the Food and Drug Administration’s (FDA) Office of Prescription Drug Promotion issued a Warning Letter to drug maker Duchesnay, Inc., after reality TV star Kim Kardashian endorsed the company’s morning sickness drug, Diclegis, on her Instagram account.

On May 20, 2015 the Bureau of Industry and Security (BIS) within the Department of Commerce (Commerce) published a proposed rule that will affect exports of products dubbed “cybersecurity items.”

On August 3, 2015, the New York Attorney General announced settlements with five retailers who violated state law that prohibits the sales of realistic-looking toy guns. As part of the agreement, the retailers will halt sales of the violative products and pay more than $300,000 in penalties.

On July 28, 2015, Mead Johnson Nutrition Company, an Illinois-based pediatric food producer, settled FCPA charges brought by the SEC for over $12 million.

On July 27, 2015, the Food and Drug Administration published a Supplemental Proposed Rule (SPR) that amends its Proposed Rule on Nutritional Labeling published on March 3, 2014.

On July 20, 2015, the United States District Court for the Northern District of Illinois certified a liability-only class of Illinois plaintiffs in a nearly ten-year-old case involving allegedly defective, moldy Kenmore-manufactured Whirlpool Corporation (Whirlpool) washing machines.[1] 

Arent Fox LLP is pleased to announce the addition of highly-regarded San Francisco-based labor partner Rob Carrol to the firm’s Labor & Employment practice and newly launched Alcohol Beverage team.

Arent Fox LLP represented Deutsch Family Wine & Spirits in its acquisition of the award-winning Redemption Whiskey portfolio from Bardstown Barrel Selections, Inc.

On June 22, 2015, the FCC released an order authorizing interconnected VoIP providers to obtain telephone numbers directly from the Numbering Administrators, rather than through intermediaries or wholesale carriers.

The United States District Court in Nevada issued an Order on June 1, 2015 dismissing the complaint filed by alleged victims of a data security breach suffered by Amazon.com d/b/a Zappos.com (Zappos).

The Federal Trade Commission sent a new warning for companies engaged in geolocation tracking. Specifically, the FTC recently reached a settlement agreement with Nomi Technologies, a company that offers services allowing retailers to track the movements of customers in and around their stores.

A “must read” for marketers that feature celebrity or consumer endorsements in their ads, or any company operating contests or sweepstakes on social media.

Publisher Sega of America, Inc. (Sega) and developer Gearbox Software, L.L.C. (Gearbox) are involved in a battle centered around Aliens: Colonial Marines (ACM), a videogame based upon the hit film Aliens. 

A US Bankruptcy Judge recently approved the sale of a package of RadioShack’s intellectual property assets—including consumer data obtained from RadioShack customers—to General Wireless Inc., the hedge fund affiliate that acquired over 1,700 RadioShack stores in February.

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.

The Court of Appeals for the Federal Circuit (Federal Circuit) recently reversed the Trademark Trial and Appeal Board’s (Board) refusal to register the mark PRETZEL CRISPS on the grounds that the mark is generic for pretzel crackers.

According to Lumber Liquidators’ most recent Securities and Exchange (SEC) disclosures, the US Department of Justice (DOJ) is pursuing criminal charges against the company under the Lacey Act (16 U.S.C. §§ 3371-3378) for allegedly importing products containing illegally harvested wood.

On May 5, 2015, the Bureau of Industry and Security and the Directorate of Defense Trade Controls issued proposed rules concerning the transfer of certain items from US Munitions List Category XII to the Commerce Control List as part of the President’s Export Control Reform Initiative.

Automotive suppliers should take note that California’s Proposition 65 now imposes a duty on suppliers to warn consumers about risks associated with exposure to several plasticizers or softeners added to certain soft plastics that are commonly used in automotive products.

This is the third installment from Birgit Matthiesen for a planned series of cross-border trade updates.