Jay Eckhardt

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Jay Eckhardt is an associate in the Stoel Rives Technology and Intellectual Property Group. He has extensive experience in antitrust litigation, counseling, and trade regulation. Jay has assisted clients in the food and agriculture industry, in mergers before the Federal Trade Commission and Department of Justice, counseled clients and agricultural cooperatives on Capper-Volstead antitrust immunity, and assisted clients in various antitrust litigation matters.

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No Slow Down to Class Action Lawsuits in California Regarding Food Labeling and Marketing

By California litigators Tom Woods and Melissa Jones Consumer class action plaintiffs remain very active in California, with cases continuing to be filed against food manufacturers and suppliers regarding alleged misleading labeling and marketing claims. Just this week, plaintiffs filed a class action lawsuit against Trader Joe’s alleging that it falsely advertised and sold cookies … Continue Reading

April 21 Presentation: Changes Coming with New FTC Green Guides

Stoel Rives attorney Jay Eckhardt will give a presentation on April 21 addressing the proposed new FTC Green Guides. The presentation will focus on new FTC guidance and interpretations concerning renewable energy claims and carbon offset claims, as well as claims concerning renewable materials, and the use of green seals and certifications. Going beyond the … Continue Reading

FDLI Publishes Stoel Rives Guidance on Environmental Marketing

The Food and Drug Law Institute’s ("FDLI") Update Magazine just published our article addressing the FTC’s proposed regulations on green marketing:  "New Green Guides Lay Out Rules for Environmental Marketing," available here.  Authored by Ken Odza, Anne Glazer, and Joseph Eckhardt, the article reviews the scope of the new proposed Green Guides and describes best practices to avoid challenges to green marketing … Continue Reading

Plaintiffs Question “Carbon Negative” Water

The Fiji Water Company has attracted the attention of plaintiffs lawyers with its “carbon negative” bottled water.  The Newport Trial Group, a law firm representing California consumers, sued Fiji Water last month, arguing that Fiji’s carbon offset claims are deceptive and misleading.  The complaint against Fiji Water argues that the product is not necessarily carbon … Continue Reading

New FTC “Green Guides” Are Out of the Gate

  Following several years of development, and much anticipation in recent months, the Federal Trade Commission has finally released “Proposed, Revised Green Guides.”  The new Green Guides will be open for public comment until December 10, 2010.  Thereafter, according to the agency’s press release, the FTC will determine if and how to issue the new … Continue Reading

5-Hour Energy v. 8-Hour Energy: Monopolization Claim Flops

In an unfair competition suit under 15 U.S.C. § 1125, the king of the two-ounce energy shot, 5-Hour Energy, is suing the makers of 8-Hour Energy in the Eastern District of Michigan, claiming that 8-Hour Energy falsely associates itself with 5-Hour Energy.  8-Hour Energy has tried to strike back with a monopolization claim, arguing that … Continue Reading

Stakeholders Debate Competition in the Poultry Industry at USDA/DOJ Workshop

It’s been a couple weeks since chicken farmers and processors met with Secretary of Agriculture Tom Vilsack and Attorney General Eric Holder in Normal, Alabama to discuss competition in the poultry industry. The May 21 USDA/DOJ workshop was the second such meeting conducted by the agencies in their quest to review enforcement policy relating to competition … Continue Reading

USDA and DOJ Scrutinize the Meat Packing Industry

Competition in the meat packing industry is currently a central focus of the Antitrust Division of the Department of Justice (“DOJ”) and the USDA. In 2008, the DOJ and 16 states challenged the merger of JBS and the National Beef Packing Company, leading the parties to abandon the deal. In its amended complaint filed against … Continue Reading
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