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 GuidanceMcGuireWoods LLP
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.
FTC Continues Tough “Made in USA” Enforcement Even Where Labeling Rule Is Not Violated
On June 26, the Federal Trade Commission announced a proposed consent order resolving allegations against a group of leather and other clothing accessory companies regarding Made in USA claims in online and print materials and qualified Made in USA claims on product labels. Read on for details about this enforcement action and key takeaways for…
CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services
Introduction
If you have ever telephoned a customer support hotline to be greeted with an explanation that “this call may be monitored for quality assurance,” you are familiar with the implications of various state laws governing the recording of telephone conversations. Most states have cold-war era wiretapping laws, with some states providing for two-party consent, meaning the recording party must announce to the other party it plans to record the call. Thus, the industry standard practice is to announce the call shall be recorded to avoid civil liability from such wiretapping statutes that provide private rights of action.
Continue Reading CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat ServicesFTC MUSA Labeling Rule Enforcement
The Federal Trade Commission (FTC) issued its Made in USA Labeling Rule on August 13, 2021 (the “Rule”), which has led to significantly increased enforcement in the area. Since then, the FTC has taken actions to enforce the Rule against certain companies. Below is background on the Rule itself, links to enforcement actions taken by the FTC thus far, and key takeaways for companies that market and label their products as Made in USA.
Continue Reading FTC MUSA Labeling Rule EnforcementSupply Chain and Logistics 101 for Retailers and Consumer Brands
In the wake of the COVID-19 pandemic, the supply chain crisis has evolved into a contentious issue that has captured the attention of both consumers and retail businesses. Specifically, there has been a significant emphasis on challenges related to international ocean transportation. Within the supply chain, ocean container transport plays a crucial role for retailers and consumer brand businesses. However, this aspect of the supply chain is characterized by a complex set of technical jargon, regulations, and fees that are imposed on companies importing and exporting goods to and from the United States, which can be both confusing and challenging.
Continue Reading Supply Chain and Logistics 101 for Retailers and Consumer Brands