On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more
7/29/2025
/ Advertising ,
Consumer Protection Act ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fair Notice ,
False Advertising ,
Federal Trade Commission (FTC) ,
Regulatory Requirements ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
There is nothing new about companies providing platforms for other companies to sell their wares. That is, after all, exactly what supermarkets do, and TV and radio networks have long run ads for other companies. The rise of...more
7/17/2025
/ Advertising ,
Digital Platforms ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
Online Platforms ,
Product Labels ,
Retailers ,
Third-Party ,
Third-Party Liability
On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more
7/10/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fair Notice ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Regulatory Oversight ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices
We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he...more
In Part 2 of the “Survey Says” series, BakerHostetler partners Amy Mudge, Daniel Kaufman, and special guest Randy Shaheen dive deeper into the design and execution of consumer perception surveys. They explore how to select...more
We won’t bury the lede. The short but surprising answer here is yes. And this may be a rule ripe for reconsideration by the National Advertising Division (NAD)....more
We love endorsement cases, and we love puffery cases. NAD recently gave us two in one, looking at a claim for TheraBreath mouthwash made by the brand’s founder, Dr. Harold Katz: “It’s a better mouthwash....more
In this episode of AD Nauseam, Amy Mudge and Daniel Kaufman explore the complexities of advertising “free” offers, emphasizing the importance of transparency and compliance with FTC guidelines. They discuss how the term...more
6/7/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
FTC Guidelines ,
Hidden Fees ,
Misleading Statements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more
6/3/2025
/ Advertising ,
Competition ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Popular
In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through...more
In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how...more
A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more
4/16/2025
/ Advertising ,
Class Action ,
Consumer Product Companies ,
Consumer Protection Laws ,
Country of Origin ,
Damages ,
False Advertising ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Marketing ,
Product Labels
In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including...more
In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more
On today's episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads...more
On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more
Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the Mail Order Rule....more
On today’s episode of AD Nauseam Amy and Daniel talk about what to expect with the transition back to a Trump FTC in January 2025....more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more
There are folks who track NAD stats with the same passion as following a beloved sports team. I am not one of those people. That said, I have noticed there seem to be an awful lot of cases of late where the advertiser...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the National Advertising Division and talk about strategies to consider when your competitor is engaging in false advertising.
Questions & Comments:...more
It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more