Insights on Consumer Products

On July 20, President Trump issued a proclamation imposing an additional 50% ad valorem duty on Canadian-origin alcoholic beverages imported into the United States, effective 12:01 AM ET, August 19. The action is a direct, sector-matched response to Canada’s provincial bans on the purchase, distribution, and retailing of US alcoholic beverages, which have been in effect across virtually all provinces and territories since March 2025.

“Hand made in Austin, Texas” may sound like a charming selling point, but the Federal Trade Commission (FTC) isn’t convinced. On July 6, the FTC issued warning letters to seven companies for questionable domestic-origin claims, covering products from drums and industrial lasers to coordinate measuring machines and e-cigarettes.

Prop 65 Counsel: What To Know

As noted in a recent article in The New York Times, generative artificial intelligence (AI) tools are fundamentally transforming the landscape of pro se litigation.

New York Fashion & Retail and Consumer Products Partner Michelle Mancino Marsh was quoted on the California federal court jury verdict in Deckers v. Quince that determined if the well-known online retailer had infringed on Deckers’ design patent for a style of its famous Ugg boots.

Earlier this year, we flagged the growing momentum behind state efforts to regulate dynamic and surveillance pricing.

ArentFox Schiff represented Boston Dynamics, Inc. in connection with its collaboration with Hyundai Motor Company and the Fédération Internationale de Football Association (FIFA) on a new global campaign featuring Boston Dynamics’ humanoid robot Atlas®.

On March 13, President Trump signed an executive order (EO) titled “Ensuring Truthful Advertising of Products Claiming to be Made in America,” directing the Federal Trade Commission (FTC) to prioritize enforcement against false or unsubstantiated “Made in USA” and similar American-origin claims.

Prop 65 Counsel: What To Know

New York Fashion & Retail and Consumer Products Partner Michelle Mancino Marsh was quoted in GQ on the trademark battle between outdoor gear and clothing brand, Patagonia, and American drag performer and activist, Pattie Gonia.

Partner James Kim was quoted on how the most recent filing from the US Department of Justice flagging its intention to appeal the judge’s order requiring tariff refunds for all eligible importers is causing additional uncertainty in an already precarious process.

Prop 65 Counsel: What To Know

The US Federal Trade Commission’s (FTC) advance notice of proposed rulemaking is seeking industry input on delivery-fee transparency practices, which signals potential interest in broader federal regulation, underscoring the importance for online food and grocery delivery platforms and restaurant brands to assess current practices and consider participating in the comment process.

A recent federal court decision is a helpful reminder for any company whose products carry a “Made in the USA” label — or anything close to it.

Prop 65 Counsel: What To Know

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

Partner James Kim was quoted on the US Court of International Trade’s (CIT) order directing US Customs and Border Protection (CBP) to begin processing refunds on US import tariffs recently found unlawfully instituted under the International Emergency Economic Powers Act (IEEPA).

Importers seeking International Emergency Economic Powers Act (IEEPA) tariff refunds just caught a significant break — and they may not even need to lift a finger to claim them.

The consumer products industry enters 2026 facing a rapidly shifting legal and regulatory landscape.

Prop 65 Counsel: What To Know

Advertising regulation continues to evolve through a steady accumulation of federal rulemaking, state legislation, and active enforcement under longstanding deception principles. Meanwhile, the plaintiffs’ bar is increasingly treating advertising compliance failures as class action opportunities.

Fully autonomous vehicles (i.e., those that can operate on public roads without a human driver, SAE level 4), now mostly in the form of ride-hailing services, are becoming ubiquitous in urban areas across the nation as manufacturers and operators look to expand their services and gain market share.

The 2026 Winter Olympics in Milano-Cortina has captivated the world, but not just for the athletic feats on display.

Gift card cash redemption laws — also known as “cash-out” laws — require retailers to refund the remaining balance on a gift card in cash when that balance falls below a specified dollar threshold. These consumer protection statutes are designed to prevent small, unusable balances from becoming “breakage” that benefits the retailer rather than the consumer. Several states have enacted such laws, each with varying thresholds and requirements.

When most consumer product companies think about the Consumer Product Safety Commission (CPSC), they think recalls and injury prevention.