CSPI Urges Food Retailers, Congress to Make SNAP Decisions -
Marketing is as important as availability, food study finds -
Keep Your Government Hands off Our Food Stamps!
SNAP—or the Supplemental Nutrition Assistance...more
11/10/2023
/ Comment Period ,
Data Collection ,
False Advertising ,
Federal Trade Commission (FTC) ,
Grocery Stores ,
Information Reports ,
Personal Data ,
Promotional Items ,
Proposed Rules ,
Public Assistance ,
Public Health ,
Pyramid Schemes ,
Retailers ,
SNAP Program ,
Telemarketing ,
Telemarketing Sales Rule
On today’s episode of AD Nauseam, Amy, Daniel, and Jack talk about issues surrounding what are now being called junk fees, including the FTC rulemaking on the subject as well as activity all around the country.
Questions &...more
Sunscreen Suits: A Plaintiff Will Rise?
New suit, same allegations—are counsel’s tan lines showing?
When Last We Met...
Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the FTC’s authority to go after and regulate unfair practices.
Questions & Comments: dkaufman@bakerlaw.com; and amudge@bakerlaw.com
...more
Ex-Reality Star Sues To Protect His Likeness Against AI -
‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs -
New Contender -
Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
10/6/2023
/ Advertising ,
Anti-SLAPP ,
Artificial Intelligence ,
Brand ,
Celebrities ,
Charitable Organizations ,
Compliance ,
Consumer Product Companies ,
Dietary Supplements ,
Dilution ,
Fashion Branding ,
Fashion Design ,
FCC ,
Federal Trade Commission (FTC) ,
Holidays ,
Jury Trial ,
Levi Strauss ,
Marketing ,
Name and Likeness ,
Product Labels ,
Right of Publicity ,
Scams ,
Telecommunications ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Wellness Programs
Room Rental Site Sued Over Chimerical Reviews and Listings -
FTC keeps promise to ramp up negative attention on false positives -
Ghosted -
Remember the first time you hunted for your own apartment? The anguish of...more
9/26/2023
/ Advertising ,
Artificial Intelligence ,
Burger King ,
Class Action ,
Copyright ,
Derivative Works ,
Direct Infringement ,
Discount Pricing ,
Endorsements ,
Entertainment Industry ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
NAD ,
Online Reviews ,
Photographs
On today’s episode of AD Nauseam, Amy and Daniel have a very special episode - - focused on Getting Back to School – with a look at how the FTC and NAD have addressed issues related to kids and learning, a look at some...more
“Blessing Loom” Scheme Unravels in FTC Settlement -
Esoteric trappings can’t save pyramid-scheme-by-another-name -
Neolawgism -
By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
8/25/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
COPPA ,
Copyright ,
Copyright Infringement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Marketing ,
MLM ,
MLM Industry ,
Parental Consent ,
Personal Information ,
Photographs ,
Product Labels ,
Pyramid Schemes ,
Robocalling ,
Trademark Application ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Verification Requirements
On August 7, 2023, the U.S. Food and Drug Administration (FDA, the Agency) published draft guidance aimed at assisting cosmetics companies with achieving and maintaining compliance with new cosmetic product facility...more
8/16/2023
/ Comment Period ,
Compliance ,
Cosmetics ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Personal Care Products ,
Product Packaging ,
Registration Requirement ,
Safety Standards
CSPI: Performance Enhancer Supplements Aren’t What They Seem -
Manufacturers need to start by including the advertised ingredients -
Double-Dog Dare You -
Would you eat something called Rauvolfia vomitoria? No? Of...more
8/11/2023
/ Advertising ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Greenwashing ,
Health Claims ,
Made in the USA ,
Marketing ,
Procter & Gamble ,
Product Labels ,
Recycling ,
Starbucks ,
Tagline
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
7/28/2023
/ Artificial Intelligence ,
Authors ,
Authorship ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
DMCA ,
E-Commerce ,
Fair Use ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Mobile Devices ,
Musical Sound Recordings ,
Personal Information ,
Scams ,
Smartphones
Anti-Junk-Fee Bandwagon Is Getting Crowded -
Following a presidential call, Congress and the Golden State are looking to tame hidden charges -
Return to Mayberry -
We mentioned President Biden’s attack on junk...more
FTC Lays Out Some AI Ad Essentials -
But specific guidance isn’t here yet, so...let’s be careful out there....more
5/24/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
Class Certification ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Google ,
Holidays ,
Marketing ,
Misleading Statements ,
Nutrition Facts Labels ,
Public Meetings ,
Puffery ,
Snapchat
Rapper 50 Cent Settles with Plastic Surgery Clinician -
Claims clinic owner used snapshot to suggest ... something embarrassing -
A Question You Wouldn’t Ask in Person -
50 Cent—rapper, TV producer, actor—once...more
U.S. Copyright Office Keeps AI Out in the Cold -
Only humans can copyright, Office says -
Daisy, Daisy, Give Me Your Answer True -
The Copyright Office has weighed in with long-anticipated statement of policy...more
4/17/2023
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Consumer Complaint System ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Copyright Terms ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Intellectual Property Protection ,
Machine Learning ,
Mobile Apps ,
Music ,
New Guidance ,
Product Labels ,
Royalties ,
Song Lyrics ,
Subscription Services
Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more
4/14/2023
/ Advertising ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Product Labels ,
Unfair or Deceptive Trade Practices ,
Warning Letters
There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....more
For those who haven’t been following Federal Trade Commission (FTC or Commission) news too closely for the past few weeks, there has been lots of turmoil and drama. A few weeks ago – on Valentine’s Day, no less – Commissioner...more
Consumer Sues Pyrex Maker for False Made-in-the-States Claims -
New class actions pick up where the FTC left off -
Tempest in a Ten-Piece Glass Meal Prep Set -
We love false made-in-the-USA claim narratives. They...more
3/10/2023
/ CAFA ,
Costco ,
Dietary Supplements ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Made in the USA ,
Magnuson-Moss Act ,
Mobile Devices ,
NAD ,
PFAS ,
Product Labels ,
Recycling ,
Robocalling ,
TCPA
So our holiday gift from the FTC, which flew a bit under the radar if you ask us, was the Health Products Compliance Guide. This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear...more
Late last year, the Federal Trade Commission (FTC) announced it was examining the Guides for the Use of Environmental Marketing Claims, better known as the Green Guides. Consumer and industry interest in green marketing is...more
We always look forward to the thoughtful and data-rich report National Appeals Division (NAD) issues each year summarizing the work it has accomplished in the past year. Some of the data can be a bit difficult to parse, as...more
Getty Images Sues AI Image Generator for Copyright Violations -
The intersection of artificial intelligence and copyright law is still being mapped....more
2/24/2023
/ Artificial Intelligence ,
Artists ,
Blockchain ,
Breach Notification Rule ,
Class Action ,
Copyright ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Federal Trade Commission (FTC) ,
Getty Images ,
NAD
We all know Mark Cuban has got it going on. One of the original tech bros, he made his fortune investing in early online streaming services. And is super famous for being rich, owning the Dallas Mavericks, being on Shark...more
You make soap, and you come out with a new scent. Then, due to supply issues, you need to change fragrance manufacturers but are confident the new fragrance is almost identical to the old fragrance. Can you use reviews of...more