Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more
1/20/2022
/ Advertising ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Made in the USA ,
Manufacturer Liability ,
Manufacturers ,
Marketing ,
Product Labels ,
Regulatory Reform ,
Regulatory Standards ,
Retail Market ,
Supply Chain
Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more
BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more
5/12/2021
/ Advertising ,
Class Action ,
COPPA ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Product Labels ,
Robocalling ,
Scams
Digitally Generated Storm Clouds Gather Over Artists’ Rights - NFTs open exciting new legal questions for experienced IP lawyers - Thomas Kinkade This Ain’t - It’s a beautiful house. Open and sparse, it’s bordered by clear,...more
4/26/2021
/ Advertising ,
COPPA ,
Digital Assets ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Online Marketplace ,
YouTube
DraftKings Settles Class Action Lawsuit for $8 Million - Settlement is a hybrid payment whose lion’s share is in-game currency - Two Fair Households - It wasn’t too long ago that DraftKings and FanDuel, the biggest names in...more
FTC Shines Light Inside ‘Dark Patterns’ - Move over cookies, fingerprinting, ad trackers—there’s an old species of internet chicanery in town - Everything Old … It’s hard to find a nongovernmental clearing house filled with...more
3/12/2021
/ Advertising ,
Arbitration ,
Class Action ,
False Advertising ,
Federal Trade Commission (FTC) ,
In-Game Purchases ,
Internet Streaming ,
Loot Boxes ,
Marketing ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Websites
Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more
FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more
11/19/2020
/ Advertising ,
Copyright Infringement ,
Coronavirus/COVID-19 ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Instagram ,
MLM Industry ,
NAD ,
Photographs ,
Scams ,
Social Media
Eleventh Circuit Pries Apart Sticky Trade Dress Decision - Is Gorilla Glue throwing a monkey fit after J-B Weld’s loss is torn apart? Opposites Attract - If you’re an average, buy-it-when-you-need-it glue consumer, you’re...more
“The Dog Ate My Plush Toy” Doesn’t Fly in Orca Case - Sea World prevails in bench trial when plaintiff fails to produce stuffed toy - Whale of a… Okay, okay, it’s a class action involving Sea World’s former orca shows—you...more
Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more
10/20/2020
/ Advertising ,
Breweries ,
CARES Act ,
Class Action ,
Competition ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Lenders ,
Marketing ,
Misbranding ,
NAD ,
Paycheck Protection Program (PPP) ,
Product Packaging
Hemp and CBD Supplements: Free at Last? Bipartisan sponsors introduce House bill to clear marketing haze - It’s a Mouthful - Hemp-derived and CBD product manufacturers are feeling hopeful....more
Plaintiff: Salmon Farmer’s All-Natural Claims Are, You Know, Fishy - Consumer expectations front and center in new class action against Ducktrap Salmon - Wide Net - According to its own account, Mowi, a Norwegian fish-farming...more
Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who...more
Finally, CCPA Regs Become Final – but Wait, There's More…or Less… On Aug. 14, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Regs) under the...more
8/26/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
False Advertising ,
Federal Trade Commission (FTC) ,
Information Governance ,
Office of Administrative Law ,
Personally Identifiable Information ,
Scams ,
Social Media ,
Twitter
I’m Counting, and I Can’t Add Up! Is medical alert systems manufacturer Life Alert fudging some deadly serious numbers? League of Legends - “I’ve fallen, and I can’t get up!” The genius who cooked up this line belongs in the...more
Bumble Settles over Multistate Dating Lawsuit - Company allegedly renewed services without consent - All the Young Dudes - For a while there, online dating was beginning to look IRLish. ...more
FTC (Not) Blinded by the Light - In a first, Commission goes after low-level light therapy device makers - Chic-Light -The Willow Curve is an attractive device with all the hallmarks of contemporary design. ...more
Pablo Escobar Estate Sues Atlanta Restaurant - Eponymous eatery uses drug lord’s likeness to bump biz and sell swag - Strange Praise - You have to wonder about a restaurant that promises “tasteful ambience” but names itself...more
7/1/2020
/ Cannabidiol (CBD) oil ,
Class Action ,
Executive Orders ,
False Advertising ,
Federal Trade Commission (FTC) ,
Lanham Act ,
Manufacturers ,
Online Platforms ,
Social Media ,
Trademark Infringement ,
Trump Administration ,
Unfair Competition
Democrats and Republicans Unite for Children’s Data Review - Safety concerns heightened by virus-inspired Internet boom - Amityville Honor? One of the more obvious ways that the coronavirus has come to dominate our lives is a...more
NCAA Sets College Athlete Endorsements Free - College stars will be allowed to strike deals but should expect limits - Throwing the Gates Open - It’s difficult for the sports world to generate headlines in the middle of...more
Jeff Dunham Tries to Bring Curtain Down on T-Shirt Company - Accuses ooshirts of profiting off his career, with a COVID spin - Comedy for Dummies - Think of the biggest acts in comedy. Names like Chris Rock, Amy Schumer,...more
Wait, Wait, Wait! Creekside Squeaks by With Last-Minute Advertiser Statement - FTC referral from NAD has remarkable mind-focusing benefits, it seems - Inquisition - Back in February, before the world changed, we covered a...more
Industry Groups Commend FDA Action on Corona Scams - Four heavy-hitters in the supplement game make it clear how - Letter About Letters - If the types of scammers that would profit from dubious coronavirus cures had the...more
NAD Responds SWIFTly to Coronavirus - Industry self-regulatory council institutes fast-track review for digital ad disputes - Stand Back! Although they don’t get the same press as closing businesses and silent entertainment...more