2023 – Consumer Products Law Watch

Tea Parties Certified for Class Action

Aug 14 2023

On 31 July 2023, the Central District of California granted class certification in a false advertising lawsuit against tea-maker R.C. Bigelow, Inc.[1] The suit alleges that Bigelow’s tea labels, which state “Manufactured in the USA 100%,” either intentionally or negligently misrepresent the origins of the tea because the tea itself is primarily grown internationally, and at least partially processed abroad before being packaged in the US

Goodbye to the UKCA Mark. Lifespan of the EU’s CE Mark Extended Indefinitely by the UK Government

Aug 02 2023

By: Arthur Artinian, Gabriela da Costa, Georgina Rigg, and Maya Ffrench-Adam

On 1 August, the UK government announced that it would extend use of the EU’s Conformité Européene (CE) mark for certain products placed on the market in Great Britain indefinitely.

This is an abrupt change from the intended plan of phasing out use of the EU’s CE mark and replacing it with a new British version known as the UK Conformity Assessed (UKCA) mark by the end of 2024.

It’s the final countdown…or is it?: CMA issues decision on online pressure-selling tactics

Aug 01 2023

By: Arthur Artinian, Gabriela da Costa, Georgina Rigg, and Maya Ffrench-Adam

Countdown clocks are a useful feature of digital advertising. Think “Sale ends midnight!” accompanied by a clock counting down the minutes you have left to make an order. When used correctly these urgency claims can help drive interest in a sale. However, they can also easily become misleading and breach UK consumer protection laws.

These types of “urgency claims” include scarcity, popularity, act fast, or time limited claims and have recently come under the spotlight of the UK Competition and Markets Authority (“CMA”).

Does your Marketplace need to be “INFORM-ed” by June 27th?

May 22 2023

The New INFORM Consumers Act Could Significantly Impact Online Marketplace Operations

By: John ReVeal, Judie Rinearson and Katie Staba

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act” or “Act”) (https://www.congress.gov/117/bills/s936/BILLS-117s936is.pdf ) which passed on December 29, 2022 will come into effect on June 27, 2023. Originally intended to address increasing consumer complaints about online marketplace purchases of counterfeit or defective products from third party sellers, the Act requires both collection, verification and, in certain cases, disclosure of third party seller information to combat this perceived marketplace unaccountability.

K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls

Jan 12 2023

By: Gabriela da Costa, Jennifer P.M. Marsh, Dr. Annette Mutschler-Siebert, M. Jur. (Oxon), Francesco Carloni, Michal Kocon, Nikolaos Peristerakis

It has now been six months since the new vertical distribution laws came into effect in the European Union (EU) and United Kingdom (UK). With many consumer brands starting 2023 looking for ways to shore up their resilience and profitability in a challenging market, our EU and UK Antitrust and Competition Law team has jotted down our thoughts on the trends that have gained the most traction under the new rules, big opportunities up for grabs, and lessons learned on pitfalls to avoid.

Breakthrough FDA Decision: Agency Completes Its First Pre-Market Consultation for Human Food Made From Cultured Animal Cells

Jan 05 2023

By: Natalie Rainer, Alexa Sengupta

On 16 November 2022, the U.S. Food and Drug Administration (FDA) announced that it had completed its first pre-market consultation for “human food made from cultured cells,” also known as “cell-based” foods.[1] “Human food made from cultured animal cells” refers to growing animal cells in a controlled environment to produce food without sacrificing animals.[2]

Archive:2023

The New INFORM Consumers Act Could Significantly Impact Online Marketplace Operations