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In May 2021, the FTC filed a complaint against Kushly Industries LLC and its CEO, Cody Alt, for allegedly marketing products containing cannabidiol (CBD) using unsubstantiated health and establishment claims. According to the complaint Kushly sold a variety of CBD products to the public through its website, kushly.com, and social media platforms from January 2019 to August 2020. The FTC order announced at the same time as the complaint banned the company and Alt from the alleged illegal conduct. The Commission approved the final order in July 2021.
FTC Approves Final Order Imposing Conditions on E. & J. Gallo Winery’s Acquisition of Assets from Constellation Brands, Inc.
Wine and spirits maker E. & J. Gallo Winery has agreed to divest several product lines and remove certain others from its asset purchase agreement with competitor Constellation Brands, Inc. to settle Federal Trade Commission charges that their proposed $1.7 billion transaction would violate federal antitrust law. The complaint alleges that unremedied, the proposed acquisition would eliminate head-to-head competition between Gallo and Constellation and thereby was likely to substantially lessen competition in the United States for six types of wine-and-spirits products: entry-level on-premise sparkling wine, low-priced sparkling wine, low-priced brandy, low-priced port, low-priced sherry, and high color concentrates.The FTC announced approval of the final order in April 2021.
E. & J. Gallo Winery and Constellation Brands; Analysis of Agreement Containing Consent Orders To Aid Public Comment
FTC Imposes Conditions on E. & J. Gallo Winery’s Acquisition of Assets from Constellation Brands, Inc.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension (FPLA Rules)
Joint FTC and DOJ Letter Raises Concerns about California Assembly Bill 1541, which would Impose New Restrictions on Beer Manufacturers Who Wish to Terminate Distribution Agreement with Wholesalers
Comment of Commissioner Chopra on the U.S. Department of Agriculture’s Proposed Rule Regarding Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act
The Federal Trade Commission authorized an action to block Post Holdings, Inc.’s proposed acquisition of the private label ready-to-eat ("RTE") cereal business of TreeHouse Foods, Inc. In an administrative complaint issued on December 19, 2019, the Commission alleges that the proposed acquisition would harm retailers and end consumers by eliminating head-to-head competition between the Respondents in the United States market for private label RTE cereal. The Commission vote to issue the administrative complaint and to authorize staff to seek a temporary restraining order and preliminary injunction was 5-0. The administrative trial is scheduled to begin on May 27, 2020. The parties announced they had abandoned the transaction on Jan. 13, 2020.
Statement of Ian Conner, Director of FTC Bureau of Competition, Regarding the Announcement that Post Holdings, Inc. has Abandoned Its Proposed Acquisition of TreeHouse Foods, Inc.
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