On January 26, 2024, the FTC announced that it had entered into an agreement with tractor maker Kubota North America Corporation, settling allegations that Kubota falsely labeled some of its replacement parts as “Made in USA” despite manufacturing those parts entirely overseas. The FTC’s complaint was filed along with a consent order that requires Kubota to pay a $2 million civil penalty, the largest penalty ever assessed for violations of the FTC’s Made in USA Labeling Rule.
Continue Reading FTC Announces $2 Million Penalty Against Tractor Maker for False “Made in USA” Product Claims

A longer version of this blog post originally published in March 2023 online by Retail TouchPoints. Reproduced with permission. Further duplication is not permitted.

Retailers often face brand policing challenges on online resale platforms such as Wayfair, Overstock.com, and eBay. Third-party resellers account for a significant portion of sales on these websites, where they are able to reach a large number of US consumers, and problems arise daily, often relating to brand owners’ dissatisfaction with the resellers and their sales practices. How can trademark and copyright laws help?
Continue Reading Policing Your Brand On Online Marketplaces: A Brief IP Overview For Retailers

The Ninth Circuit Court of Appeals recently affirmed the dismissal of a putative class action lawsuit brought by a consumer who claimed that The Kroger Company supermarkets falsely advertised its spreadable fruit product containing fruit-based sweeteners as “Just Fruit.”
Continue Reading What is “Just Fruit”?:  Ninth Circuit Affirms Dismissal of False Advertising Suit Against Kroger

The FTC announced a settlement with Cycra, Inc., a manufacturer of motocross and ATV parts, and the company’s owner for falsely claiming their products were made in the USA while importing parts from Asia and Europe.
Continue Reading FTC Brings Action Against Motocross and ATV Parts Manufacturer for False “Made in USA” Product Claims

Have you ever seen an advertisement for a product that seemed a little too good to be true? Truth in advertising is a hotly contested issue, and advertising that may cross the line could be drawn into a dispute with the Federal Trade Commission or into court by a competitor. But did you know that there is another group that monitors and polices advertising? The National Advertising Division (“NAD”) of the Better Business Bureau is an industry group set up to review false or misleading advertising and referee complaints between competitors.
Continue Reading Retailers Should Consider the NAD