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[Podcast] AD Nauseam: Checking In With the FTC

On today’s episode of AD Nauseam, Amy Mudge and Daniel Kaufman discuss recent FTC enforcement trends, highlighting a return to traditional consumer protection cases such as fraud, earnings claims, and debt relief. They...more

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 2

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

FTC Alerts Advertisers and Digital Platforms About Misleading MUSA Claims

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

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 1

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

Use Caution When Getting All Fire (Crackered) Up with Your Patriotic Posts this July

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

FTC’s Junk Fee Rule FAQs Give Road Map for Displaying Price

In May the FTC’s Rule on Deceptive or Unfair Fees (the Rule) went into effect, and the FTC staff published accompanying FAQs for business. We have blogged a lot about the proposed Rule, enforcement in this space and its windy...more

[Podcast] AD Nauseam: I Want to Break Free – Free Claims!!

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

FTC Hosts Workshop on Kids Safety on the Internet

We love hearing Commissioner Holyoak speak and were particularly heartened when she criticized the Khan FTC’s use of charged headlines in press releases and speeches, including calling targeted advertising “surveillance...more

[Podcast] AD Nauseam: Phyllis!

In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more

[Podcast] AD Nauseam: Left to Our Own Devices

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

COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy

Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the...more

[Podcast] AD Nauseam: Survey Says: The Consumer Perception Study Series Pt. 1

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

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

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

[Podcast] AD Nauseam: Show Me the Money

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

[Podcast] AD Nauseam: Three’s a Liability

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

[Podcast] AD Nauseam: The Fine Print: Why Truth in Ads Matters

On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more

COPPA is All Grown Up: FTC Finalizes Rule

After a very long process, the Federal Trade Commission (FTC or Commission) announced the finalized updates to the Children’s Online Privacy Protection Act (COPPA) Rule. COPPA was last updated nearly 12 years ago, and much...more

[Podcast] AD Nauseam: Khan Era Ends with Announcements and Drama

On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the final week of Lina Khan’s role as chair of the Federal Trade Commission....more

[Podcast] AD Nauseam: Junk Fees Rule Crosses the Finish Line

On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the passing of the FTC’s new Junk Fees Rule....more

Complying with the Mail Order Rule and Satisfaction Guarantees: Poor Customer Service Can Cost Millions

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

[Podcast] AD Nauseam: FTC Negative Option Rule

On today’s episode of AD Nauseam Amy and Daniel talk about the new FTC Negative Option Rule....more

[Podcast] AD Nauseam: 2025 Predictions and Transition

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

What Does the Election Mean for the FTC?

Historically, changes in administrations did not lead to major changes at the Federal Trade Commission (FTC). There were some adjustments around the edges, but the agency mostly operated on a bipartisan basis....more

[Podcast] AD Nauseam: Food, Glorious Food!

On today’s episode of Ad Nauseam Amy and Daniel talk about some advertising cases relating to food marketing, including some oldies but goodies....more

[Podcast] AD Nauseam: Email Marketing and the FTC: CAN-SPAM No Longer Canned

On today’s episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules....more

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