Jun 5, 2020

The Failing Firm Defense and Miraculous Recoveries: The Federal Trade Commission’s Warning to Merging Parties and Counsel during COVID-19

Competition Law

The Federal Trade Commission has issued a number of statements regarding its intention to enforce United States antitrust laws during COVID-19. The head of the FTC’s Bureau of Competition, Ian Conner, echoed this commitment in his blog post on May 27, 2020. In the post, Conner stated that the FTC will continue to closely scrutinize failing firm claims by merging parties.[1] Consumers, he said, “deserve the protection of the antitrust laws now as much as ever.”[2] The failing firm defense usually involves the argument that the acquired and the acquiring firms are failing, “which presumably would justify the merger on… Read more

Dec 4, 2018

When Is It Okay To Label My Product As “Made In USA”?

Made In USA

In this era of “America First,” there is a major push to increase the amount of manufacturing that happens in the United States, and buying American-made goods is viewed by many to be an act of patriotism. As a result, the promotion of a product as being “Made in USA” or “Made in America” can create a real marketing advantage that helps to boost the sales of the product.  But when can a marketer properly label or promote a product as “Made in USA”? Under U.S. laws and regulations, as a general rule, if a product undergoes its last substantial… Read more

Nov 26, 2012


On October 1, 2012 the Federal Trade Commission (“FTC”) published final guidelines for businesses that market their products as “green” or environmentally friendly. The guidelines are not rules, but they do set out the agency’s views of what type of environmental claims the agency might find deceptive under Section 5 of the Federal Trade Commission Act. It is anticipated that, with the release of the green guides, there will be an increase in FTC enforcement action, and an increase in actions between competitors to enforce compliance. The new guidelines, which have not been revised since 1998, direct marketers to focus… Read more

Oct 11, 2010

FTC Releases Revised Green Guides

For the first time in 12 years, the Federal Trade Commission (“FTC”) has released an update on its “Green Guides” guidance for environmental marketing and claims. Originally released in 1992, and last updated in 1998, the Green Guides provide guidance for advertisers and marketers in the green space and warn against making broad claims, such as that a product is “eco-friendly,” if the company cannot provide supporting documentation. “In recent years, businesses have increasingly used ‘green’ marketing to capture consumers’ attention and move Americans toward a more environmentally friendly future. But what companies think green claims mean and what consumers… Read more