Skip to main content

False advertising

July 11, 2024

News Release 24-063

Inv. No(s). 337-TA-1407

Contact: Jennifer Andberg, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Eye Cosmetics and Packaging Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain eye cosmetics and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Amarte USA Holdings, Inc of Redding CA, on May 20, 2024, and amended on May 31, 2024 and June 7, 2024, and supplemented on June 28, 2024. The second amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and in the sale of certain eye cosmetics and packaging thereof by reason of infringement of a registered trademark, unfair competition, and false advertising. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.  

The USITC has identified the following respondents in this investigation:

  • Unilever PLC, Port Sunlight, United Kingdom
  • Unilever United States, Inc. Englewood Cliffs, NJ
  • Carver Korea Co., Ltd., Seoul, South Korea
  • Bourne & Morgan Ltd., London, United Kingdom
  • MZ Skin Ltd., Borehamwood, United Kingdom
  • Kaibeauty, Taipei City, Taiwan
  • I’ll Global Co., Ltd., Seoul, South Korea
  • Hikari Laboratories Ltd., Bnei Atarot, Israel
  • Iman Cosmetics, London, United Kingdom
  • Strip Lashed, Rotherham, United Kingdom
  • Kelz Beauty, Budapest, Hungary

By instituting this investigation (337-TA-1407), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
April 13, 2020

News Release 20-030

Inv. No(s). 337-TA-1196

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain in vitro fertilization products, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by EMD Serono, Inc., of Rockland, MA, on March 11, 2020, that was amended and supplemented on March 27, 2020.  The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain in vitro fertilization products, components thereof, and products containing the same that (i) infringe one or more trademarks asserted by the complainant, (ii) are falsely designated as to source, and (iii) are falsely advertised.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.  The USITC has identified the following as respondents in this investigation:

FastIVF c/o Domains by Proxy LLC of Scottsdale, AZ;
Hermes Eczanesi of Istanbul, Turkey; and
General Plastik Drug Stores of Istanbul, Turkey.

By instituting this investigation (337-TA-1196), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
June 12, 2019

News Release 19-049

Inv. No(s). 337-TA-1161

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Food Processing Equipment and Packaging Materials Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food processing equipment and packaging materials thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a second amended complaint filed by 3-A Sanitary Standards, Inc., of McLean, VA, on June 3, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food processing equipment and packaging materials thereof by reason of false advertising and unfair competition under Section 43(a) of the Lanham Act.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Wenzhou QiMing Stainless Co., Ltd. of Wenzhou, Zhejiang, China;
High MPa Valve Manufacturing Co., Ltd., of Wenzhou, Zhejiang, China;
Wenzhou Sinco Steel Co., Ltd., of Wenzhou, China;
Wenzhou Kasin Valve Pipe Fitting Co., Ltd., of Wenzhou, China; and
Wenzhou Fuchuang Machinery Co., Ltd., Wenzhou, Zhejiang, China.

By instituting this investigation (337-TA-1161), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
September 11, 2017

News Release 17-128

Inv. No(s). 337-TA-1070

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Periodontal Laser Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain periodontal laser devices and components thereof.  The products at issue in the investigation are periodontal lasers used in procedures to promote periodontal tissue regeneration.

The investigation is based on a complaint filed by Millennium Dental Technologies, Inc. of Cerritos, CA, on August 10, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain periodontal laser devices and components thereof by reason of false advertising.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Fotona d.o.o. of Ljubljana, Slovenia; and
Fotona, LLC of Dallas, TX.

By instituting this investigation (337-TA-1070), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
December 15, 2015

News Release 15-123

Inv. No(s). 337-TA-976

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Woven Textile Fabrics and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain woven textile fabrics and products containing same.  The products at issue in the investigation are high thread count cotton and polyester sheets and bedding products.

The investigation is based on a complaint filed by AAVN, Inc., of Richardson, TX, on October 1, 2015.  An amended complaint was filed on October 20, 2015, and a second amended complaint was filed on November 12, 2015.  The complaint, as twice amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain woven textile fabrics and products containing same that infringe a patent asserted by AAVN or are the subject of false and misleading advertising.  The complainant requests that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

AQ Textiles, LLC, of Greensboro, NC;
Creative Textile Mills Pvt. Ltd. of Mumbai, Maharashtra, India;
Indo Count Industries Ltd. of Mumbai, Maharashtra, India;
Indo Count Global, Inc., of New York, NY;
GHCL Ltd. of Pradesh, India;
Grace Home Fashions LLC of New York, NY;
E & E Company, Ltd., of Thane, Maharashtra, India;
E & E Company, Ltd., d/b/a JLA Home, of Fremont, CA;
Welspun Global Brands Ltd. of Gujarat, India;
Welspun USA Inc. of New York, NY;
Elite Home Products, Inc., of Saddle Brook, NJ;
Pradip Overseas Ltd. of Ahmedabad, India;
Pacific Coast Textiles, Inc., of Garden Grove, CA;
Amrapur Overseas, Inc., of Garden Grove, CA; and
Westport Linens, Inc., of New York, NY.

By instituting this investigation (337-TA-976), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
Subscribe to False advertising