Hunton Retail Law Resource

The FTC has announced the next step in its ongoing review of the “Green Guides.” According to the FTC’s most recent announcement, it is zeroing-in on “recyclable” claims and will be hosting a workshop titled “Talking Trash at the FTC: Recyclable Claims and the Green Guides.” During the workshop, panelists will discuss the kinds of recyclable claims that consumers see in the marketplace, how they perceive or interpret those claims, and the current state of recycling in the U.S.  The half-day workshop is scheduled for May 23, 2023 and is open to the public.

The FTC announced an enforcement action against Instant Brands LLC, manufacturer of Pyrex-brand products, for allegedly marketing certain glass measuring cups as “Made in USA” and “American as Apple Pie” while importing those products from China. A proposed consent order would require Instant Brands to pay a monetary judgment of $129,416 and comply with the agency’s requirements for marketing a product as made or assembled in the United States.

Responding to a challenge from Align Technology, Inc. (Align), maker of Invisalign, the National Advertising Division (NAD) recommended that SmileDirectClub (SDC) modify certain of its comparative advertising claims, while finding that others were sufficiently substantiated.

The National Advertising Division (“NAD”) has recommended that Goya Foods, Inc. toss claims that its Excelsior brand pasta is “Puerto Rico’s Favorite Pasta,” following a challenge by Goya’s competitor, Riviana Foods, Inc. Riviana, the maker of Ronzoni pasta, argued that Goya had not substantiated its “favorite” claim through consumer survey or sales data. Goya responded that its claim was classic puffery. NAD disagreed with Goya, finding that “favorite” is objectively measureable and means a product is preferred over all others. NAD ...