Tag Archives: promotions

ILN Today Post

For Alcohol Brands, New Is Not Always Better

In 2015, a contentious “new” alcohol product — Palcohol “powdered alcohol” — was, somewhat surprisingly, approved for labelling and sale by the U.S. Alcohol and Tobacco Tax and Trade Bureau, setting off a chain reaction among the states to counteract the TTB’s approval. From March to December, nearly a hundred bills to ban this type of product were introduced in over 40 states, the District of Columbia, and Puerto Rico, a reminder to the industry that states still hold much power when it comes to alcoholic beverages.

However, in today’s “disruption” economy, the state’s absolute power to control industry practices is increasingly being questioned, a recent example being a challenge by an operator of retailer digital advertising display units to a California law that purportedly prohibited alcoholic beverage suppliers from buying space on those units because a percentage of the ad buy revenue necessarily flowed to the retailers.

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ILN Today Post

Alleging misleading “Made in USA” claims, FTC sues glue manufacturer

In the latest of regulatory and private actions attacking alleged misleading “Made in USA” claims, the Federal Trade Commission (FTC) has sued a manufacturer of fast-acting glues, alleging that its advertising contained misleading “Made in the USA” claims.

Background
In its “Enforcement Policy Statement on U.S. Origin Claims,” the FTC set forth its position that unqualified U.S. origin claims such as “Made in the USA” in labeling, advertising, other promotional materials, and other forms of marketing – including marketing through digital or electronic means – must be substantiated by evidence that the product is “all or virtually all” made in the United States.

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ILN Today Post

Thinking About Starting a Subscription-Based App or Business? Do it Right to Avoid Legal Risk

Subscription-based commerce is booming. It’s already worth an estimated $3 billion, and more and more companies, large and small, are developing or adopting subscription-based revenue models in an effort to offer convenience to consumers – and to create a continuous revenue stream for themselves and their investors. Recent success stories in this area include Dollar Shave Club (men’s shaving products), HelloFlo (feminine hygiene products), Lumosity (brain training), Office365 (Microsoft software), BarkBox (dog toys and treats), and Bulu Box (vitamins). When programs such as these involve elements of “automatic renewal,” they are required to comply with relevant state and federal statutes and regulations that companies may not be aware of.

Rules
Both federal and state rules can apply to subscription-based businesses.

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ILN Today Post

“Made in U.S.A.” Bill is Signed into Law in California

California Governor Jerry Brown has signed SB633 into law, changing the state’s rules for “Made in U.S.A.” and “Made in America” claims by coming closer to the Federal Trade Commission’s (FTC) more lenient standard applicable elsewhere in the country.

The new law amends Section 17533.7 of California’s Business and Professions Code to add new exceptions to the prohibition in that law barring the sale of any merchandise that provides on the merchandise or on its container that the merchandise is “Made in U.S.A.” or “Made in America,” or similar words, if “any” part of the merchandise has been entirely or substantially made, manufactured, or produced outside of the United States. The existing California prohibition is significantly more severe than the FTC’s flexible “all, or virtually all” test for “Made in U.S.A.” claims – but the newly added exceptions will make it easier to comply with the California rule.

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Rokas Bukauskas and Agnius Pilipavičius became associate partners of TARK GRUNTE SUTKIENE

Yesterday attorney-at-law Rokas Bukauskas from the Banking and Finance practice group and attorney-at-law Agnius Pilipavičius from the General Corporate, Capital Markets and Securities practice group became associate partners of TARK GRUNTE SUTKIENE. In congratulating them on their changed status, new duties and enhanced responsibility, Eugenija Sutkiene, Managing Partner of the law firm emphasised the professional maturity of R. Bukauskas and A. Pilipavičius and their increasing input into the firm’s success.
Rokas Bukauskas has been working with TARK GRUNTE SUTKIENE since 2006 and specialises in banking and finance, insurance, taxation, energy and infrastructure projects, litigation and arbitration.

Agnius Pilipavičius joined the law firm in 2004 and since then has been working in the areas of capital markets and derivatives, restructuring and insolvency, corporate and commercial law.

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