On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the
Continue Reading FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims

On Jan. 1, 2019, a new law aiming to limit children’s intake of sugary beverages became effective. California Governor Gavin Newsom signed the “Children’s Meals” law on Sept. 20, 2018,
Continue Reading State of California Passes Law Limiting Sugary Drinks Offered in Children’s Meals

On Tuesday, April 4, 2017, at 1:00 pm ET, Greenberg Traurig Attorneys Anthony Cortez and Greg Sperla will be presenting a webinar hosted by AudioSolutionz entitled “Proposition 65 – Hot
Continue Reading GT Attorneys to Address Prop. 65 in Practice – Lessons Covering Hot Topics and Recent Developments Affecting Consumer Product Companies

“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since

Continue Reading Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the
Continue Reading Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.

Law books, gavel and scalesGreenberg Traurig’s Frank Citera will be joining leading in-house and outside counsel who represent various facets of the consumer products industry, at the American Conference Institute’s 2nd Annual Consumer
Continue Reading Greenberg Traurig’s Frank Citera to Speak at American Conference Institute’s 2nd Annual Consumer Products Regulation and Litigation Conference on June 12, 2014

Product BottlesConsumer products companies selling personal care products have started receiving demand letters and class action complaints alleging false advertising because of the use of the term “unscented.”   Is this the next class action wave to hit the consumer products industry?

Many personal care products, such as soaps, creams and deodorants, are labeled as “unscented” because the product has no discernible smell.  In the cosmetics industry, the term “unscented” often means that the product contains masking agents (including some fragrances) that cover unpleasant odors from the ingredients, thus making the product neutral or unscented.

But like the term “all natural,” “unscented” has no official definition.  And this is where the problem arises.
Continue Reading Is ‘Unscented’ the New ‘All Natural’?