Karol Fox’s Post

This week we spotlight three of our most popular legal insights. Topics include private credit, how food and beverage companies can best protect their IP, and the Ecodesign Regulation.   For the latest legal insights, visit https://bit.ly/3Lwjk5e Did you find this helpful? • 📣 Reshare to your network & follow Mason Hayes & Curran LLP • 🔔 Ring the bell for daily insights • 🕐 Short on time? Bookmark this post to read it later #MHCLaw #LegalUpdate #IP #PrivateCredit #Ecodesign 

CMA Drops Investigation Into Unilever’s ‘Green’ Claims The Competition and Markets Authority (CMA) said yesterday that it had closed an investigation into whether Unilever had overstated the “green” credentials of some of its products after the consumer goods company made changes to its packaging. The competition regulator stated that its probe, which was launched in December last year, had been closed following “changes Unilever has made to claims on some of its products”, as well as wider changes seen across the industry following the regulator’s focus on this area. The CMA said last year that it was looking at some of the environmental claims made by the manufacturer, suggesting it could be overstating how “natural” some of its cleaning products and toiletries were. The competition watchdog was also concerned that the use of some images and logos – such as green leaves – could make items appear more eco-friendly than they actually were. In a statement issued on Wednesday, it said: “The CMA’s Green Claims Code and successful enforcement action to date has helped businesses understand how they can promote their green credentials whilst staying on the right side of the law. The CMA has seen positive changes to the claims made, including in the fast-moving consumer goods sector. “Given these points and the ongoing impact of the CMA’s work, the CMA has decided as a matter of administrative priority to close this investigation. The CMA has not taken a view on Unilever’s compliance with consumer law. Businesses should ensure they comply with the law and read the Green Claims Code.” The regulator stated that it had not taken a view on Unilever’s compliance with consumer law. In response to the decision, a spokesperson from the manufacturer said: “We are pleased that the CMA has confirmed they are closing their investigation. We have complied with all requests for information throughout this process. “We have always been committed to making responsible claims about the benefits of our products on our packs and to these being transparent and clear, and we have robust processes in place to make sure any claims can be substantiated.” NamNews Implications: * The CMA achieved compliance with its code… * …a mark of good and effective regulation. * (and patently leaving the nuances of compliance with Consumer Law to the judiciary) * In the end, as always, much depends on consumer perception of compliance with the Spirit of the Law vs. Letter of the Law… #SustainabilityUnilever #Regulation

Andrew Lustigman, Chair of Olshan Frome Wolosky LLP's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will speak on the panel “What It Really Means to be ‘Green’ in 2024: Mastering the Intricacies of Making and Substantiating Green Claims in Today’s Regulatory Landscape” as part of American Conference Institute’s 8th Annual Summit on Food Law – Regulation, Compliance and Litigation on May 1, 2024, at 1:15 p.m. at The Metropolitan Club, Chicago, IL. The panel will explore the new proposed changes to the Green Guides and the impact that Federal Trade Commission’s contemplated rulemaking could have on environmental marketing claims, differences in the FTC’s guidance and state law requirements for the term “recyclable,” how to manage the risks associated with vendors making claims about your products and green claim trends that are vulnerable to class-action activity. #OlshanLaw #FoodLaw #GreenAdvertising #Conference #AdvertisingAndMarketing https://lnkd.in/eReYstPG

Have you noticed the logos on things you buy, beyond the trademarks and product names? Certification marks, such as New Zealand Made, Rainforest Alliance and others, can tell you a lot about the product's "why" and "what" - vitally important to consumers and businesses alike.   Commercial Law academic Dr Bram Van Wiele examines the contentious practice of using pseudo-certification marks on consumer products in New Zealand. Using research data, he hopes to address the issue and preserve the value of certification marks for consumers and businesses.   Read his article and take a closer look at certification marks and their value to consumers and businesses.

In August 2021, California signed its Extended Producer Responsibility law. This legislation targets various materials, such as packaging (package-like products and reusable packaging) and food serviceware. The legislation mandates compliance starting July 2025 and designates Circular Action Alliance as the registered Producer Responsibility Organization (PRO). Under this law, a “producer” is defined as the manufacturer and owner of a brand or trademark; in their absence, the licensee assumes responsibility. If the product is not manufactured within the state, the importer or distributor bears responsibility. The registration deadlines have now passed for Oregon and Colorado, but it is important to note that California registration will also be required. To learn more about EPR in California and find out how our team can help you navigate the ever-changing landscape, connect with us here on LinkedIn or visit our website recycle-me.us. #CaliforniaEPR #ExtendedProducerResponsibility #CircularEconomy #Sustainability #Compliance

Check out this article in happi from Raqiyyah Pippins, co-leader of Arnold & Porter's Consumer Products & Retail Industry Team, and Kelsie Sicinski, to learn more about how regulatory bodies like the FTC and EPA are intensifying scrutiny on green claims. #environment #marketing #law

Update from UK Competition and Markets Authority who, as a matter of administrative priority, have decided to close its recent #environmental #claims investigation. The CMA's decision cites that a range of factors had been taken into account, including changes made to claims on some products and the wider impact of their programme of work on tackling misleading green claims. Additionally the regulator highlighted: ✅ its Green Claims Code ✅ the successful enforcement action to-date ✅ how the Code has helped businesses understand how they can promote their green credentials whilst staying on the right side of the law. The CMA noted positive changes to the claims made including in the FMCG sector, and did not take a view on this case's compliance with consumer law. Nevertheless, it was reiterated that businesses should ensure they comply with the law and read the Green Claims Code. The original source is found here 👇🏻

Decisions regarding certification marks are quite seldom encountered. The comments from the EUIPO’s Board of Appeal about the different assessment of distinctive character of certification marks compared to ‘regular’ trade marks is interesting. #trademarks #trademarklaw #trademarkattorney #ipattorneys Mewburn Ellis https://lnkd.in/eNkyMsQ5

👋 This is your friendly reminder to sign up to next Thursday’s Green Claims Data Standard webinar! In it, our CEO Abbie Morris will be discussing what data brands need to have in order to make fully compliant green claims. Don’t forget: updates to consumer protection law in multiple markets (including the UK and the EU 🇬🇧 🇪🇺!) require all green claims to be robust, specific, and substantiated. Failure to do so can put you at risk of legal action, hefty fines, reputational damage, and more—even if you have the best intentions. Make sure your sustainability efforts don’t go to waste; get clued up today👇 https://lnkd.in/eEx7jssR

Trade Mark Director Adjoa Anim [Ah-jwah A-neem] was part of today’s panel session by the Unfair Competition Committee around green brands live at INTA. The focus of the session was around: ‘IP & Innovation | Green Marks: A Comparative Review of Greenwashing Challenges in Common Law and Civil Law Jurisdictions.’ The panel was insightful and discussed adoption and use of green brands, the difficulties brands may encounter and how to avoid them when selecting and protecting Trade Marks that carry an environmental message and the similarities and differences between civil and common jurisdiction. #INTA #TradeMarks #GreenMarks #IP #Innovation