The Federal Trade Commission was quiet in its role as the Made in USA enforcement authority during the first few months of the Trump administration. But July left little doubt that the current FTC will continue the robust activity of its predecessor. The first indication was FTC Chairman Andrew Ferguson declaring July 2025 to be “Made in the USA” month. He reiterated that the FTC is charged with enforcing laws prohibiting false or unsubstantiated Made in USA claims. He further noted the importance of protecting American consumers from improper claims so they can have confidence that buying products marketed as Made in USA truly support American businesses and workers.Continue Reading FTC Signals Continued Enforcement of “Made in USA” Labeling Rule and Guidance
Department of Justice Suggests “Aggressive” Enforcement of False Claims Act
In a speech to the Federal Bar Association’s annual qui tam conference on Feb. 20, 2025, Michael Granston, Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice, discussed how the Trump administration plans to “aggressively” enforce the False Claims Act (FCA). His statements come on top of other comments
Insurance Recovery Resources After Disasters
Following the recent catastrophic wildfires that have affected California, businesses need assistance navigating the ins and outs of insurance coverage and the claims process and ultimately protecting their interests if litigation ensues. Whether it’s wildfires in California, hurricanes along the Atlantic and Gulf coasts, tornadoes in the Midwest, or infrastructure failures in major population centers
Food and Consumer Product Litigation and Regulatory Update: Webinar Replay
McGuireWoods’ Oct. 30 webinar covered recent regulatory and litigation developments facing the product manufacturing, food and beverage, and retail industries.
For more details, visit our website event page.
Greenwashing Trends in Labeling Litigation and Legislation
Labeling litigation in the food and beverage space remains vigorous, especially in California. To avoid becoming a party to such litigation, participants in the manufacturing and sale of consumer products must take care to ensure that their labeling and marketing of products is accurate and is not misleading as prohibited by various consumer protection statutes. A recent opinion in a pending California action highlights the increase in “greenwashing” litigation – where plaintiffs claim that labels and marketing materials misrepresent the environmentally sustainable practices associated with a product.Continue Reading Greenwashing Trends in Labeling Litigation and Legislation
Consumer Product and Retail Brown-Bag Lunch Series: Cannabis News
June 27, 2024
McGuireWoods latest installment of its bimonthly brown-bag lunch series that explores important topics affecting the consumer product and retail industries. This webinar covers cannabis industry news and speakers answer questions from attendees..
McGuireWoods Speakers
- Royce B. DuBiner, Partner, Chicago
- Allyson M. Maur, Associate, New York
Illinois Jumps on the Food Ingredient ‘Banned’ Wagon
Illinois legislators recently joined California and New York in proposing bans on several food additives that a growing number of studies have shown to be harmful to human health. Read on for details and comparison of the three state bills and an update on related federal-level activity.
FDA Warning Letter Declares Delta-8 and CBD Gummies ‘Adulterated Foods’
On Dec. 6, the U.S. Food and Drug Administration sent a warning letter to the owners of online hemp, tetrahydrocannabinol and cannabidiol retailer Hemp-xr.com for introducing adulterated foods into interstate commerce. FDA took issue with certain cookies, edibles, gummies and honey containing delta-8 THC and CBD because they “bear or contain an unsafe food additive.”
HHS Rescheduling, SAFER Banking Act May Change the Marijuana Landscape
In late August, the Department of Health and Human Services recommended rescheduling marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substance Act. Meanwhile Congress is weighing a bill that would create federal safe harbors for financial institutions to accept deposits from state-sanctioned marijuana business operators. Read on for details
FDA Proposes Brominated Vegetable Oil Ban
The Food and Drug Administration has proposed revoking the regulation that authorizes the use of brominated vegetable oil (BVO) in food because the agency no longer considers it safe. Public comments on the proposed rule are due Jan. 17, 2024. Read on to learn what California and New York are doing related to BVO and