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February 6th, 2015
Get Ready for Changes to Fair Packaging and Labeling Act Regulations
There's news for consumer product manufacturers, packagers and distributors. On January 22, 2015, the FTC proposed to amend its Fair Packaging and Labeling Act ("FPLA") rules. The FPLA was originally enacted to enable consumers to obtain accurate package quantity information to facilitate value comparisons and prevent unfair or deceptive packaging and labeling of certain products generally consumed during household use. The FPLA directs the FTC to issue regulations requiring covered parties to label specific products to disclose: 1) the identity of the product; 2) the name and place of business of the product's manufacturer, packer or distributor; and 3) the net quantity of contents in weight, measure, or numerical count. The FTC proposes to change the FPLA rules to:
- modernize the place-of-business listing requirements - which currently require a listing in a city or telephone directory - to include online resources;
- incorporate a more comprehensive metric chart;
- address the use of exponents with customary inch/pound measurements;
- delete outdated prohibitions on retail price sales representations, including eliminating the "cents off," "introductory offer," and "economy size" rules; and,
- acknowledge the role of the weights-and-measures laws of individual states for products that are exempt from the federal rule (such as meat and poultry products, tobacco products, and alcohol products).
Comments on the proposed changes are due by March 30, 2015. (Click here to submit comments.)
For more information about FPLA and the proposed rule changes, or about other advertising or marketing law issues, please contact Terri Seligman at (212) 826 5580 or firstname.lastname@example.org, or Jess Smith at (212) 705-4876 or email@example.com,or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018