Advertising Law Alerts

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 The FPLA was originally enacted to enable consumers to obtain accurate package quantity information to facilitate value comparisons and prevent unfair or deceptive packaging and labeling of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  • delete outdated prohibitions on retail price sales representations, including eliminating the "cents off," "introductory offer," and "economy size" rules; and,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 tseligman@fkks.com, or Jess Smith at (212) 705-4876 or jsmith@fkks.com,or any other member of the Frankfurt Kurnit Advertising Group.