On August 4, 2020, the Federal Trade Commission (“FTC”) filed suit against three online merchandisers for misrepresenting to consumers that they could quickly ship personal protective equipment (“PPE”) featured for sale on their websites. The lawsuits are a reminder of how important truthful PPE marketing is in order to gain consumer trust and avoid costly FTC investigations.
How can businesses comply with PPE marketing regulations?
[Read More]The COVID-19 health crisis has highlighted just how vital Personal Protective Equipment (“PPE”) is for healthcare workers and citizens during a pandemic. Due to skyrocketing demand in recent months, shortages of PPE have led to a mini-boom industry for suppliers and buyers alike. Despite the growth in this sector, PPE commercial transactions do involve significant risk and, consequently, many complex legal issues need to be directly addressed in a PPE contract.
Given the increase in PPE transactions, and the associated legal exposure involved for the contracting parties, it is extremely important to retain attorneys who have experience in guiding clients through the various stages of drafting and negotiation of PPE contracts.
PPE Contracts: What Are the Necessary Terms and Conditions?
[Read More]The COVID-19 pandemic has drastically transformed the operations of many businesses and some have responded by altering their ordinary production operations to fill the demand for personal protective equipment (“PPE”). As a result, the United States Patent and Trademark Organization (“USPTO”) has seen an increase in trademark applications for COVID-19-related medical goods and services. In response, the USPTO has made it possible for applicants to expedite the agency examination period by up to two (2) months. Businesses that qualify for prioritized examination of their PPE trademark should act to take the necessary steps to secure federal protection.
Who is eligible for prioritized examination?
[Read More]Every day, heartwarming stories are emerging about selfless acts of kindness that have occurred during the Covid-19 pandemic. Among those selfless actors are companies that have pivoted from their usual operations to the new focus of producing personal protective equipment (“PPE”) for healthcare workers, first responders, essential workers, and the public at large. On the flip side of the coin, when disaster strikes, it is also serves as an opportune time for bad actors to easily defraud consumers. Because of the actions of these unfortunate few, federal authorities have recently grown suspicious of the entire PPE supplier marketplace. To avoid regulatory scrutiny, PPE suppliers should advertise their products in a legally compliant fashion by, among other measures: 1) following the guidelines released by the United States Food and Drug Administration (“FDA”); 2) following Federal Trade Commission (“FTC”) marketing regulations; and 3) consulting with a PPE lawyer concerning the legal issues related to the sale and marketing of PPE.
What are the guidelines for marketing PPE?
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