Game Developer Dodges Loot Box Suit -
In-app epi-games are not the same as slot machines, court says.
Again with the Noises and Bright Lights -
It’s been a while since we reported on defendant Supercell’s...more
2/10/2023
/ Anti-SLAPP ,
Artistic Works ,
Breach Notification Rule ,
Celebrity Endorsements ,
Coinbase ,
Cryptoassets ,
Data Breach ,
Data-Sharing ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs) ,
NYDFS ,
Personally Identifiable Information ,
PHI ,
Protected Activity ,
Sensitive Personal Information ,
Stock Options ,
Trademark Infringement ,
Trademarks ,
Twitter
Valentine’s Day is almost here, and it is time for the annual reminder from the Federal Trade Commission (FTC) that for those seeking love, scam artists are lurking, scheming, and trying hard to separate you from your...more
FTC Opens Green Guide Revision for Public Comment -
It’s the first revision in a new, environmentally panicked time -
The Greatest Generation -
The ’90s were an active decade for Federal Trade Commission (FTC)...more
1/4/2023
/ Advertising ,
Copyright ,
Copyright Litigation ,
Failure To Disclose ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Influencers ,
Marketing ,
Pending Legislation ,
Public Comment ,
Social Media ,
Subscription Services ,
TikTok ,
Truth in Advertising
20 Years Later, TTB Agrees to Revisit Alcohol Labeling -
Watchdogs claim a win, but are they being set up for a wait? Again?
Anticipation -
When last we left the doughty heroes of the Center for Science in the...more
12/19/2022
/ Advertising ,
Celebrity Endorsements ,
Class Action ,
Crypto Exchanges ,
Federal Trade Commission (FTC) ,
Influencers ,
NAD ,
Product Labels ,
Right of Publicity ,
Subscription Services ,
Trademark Trial and Appeal Board ,
Wine & Alcohol
Nothing says Holiday Season like the final public Federal Trade Commission meeting of the very long year. The lights are hung, joy is sort of in the air and we turn to our four commissioners for even more holiday cheer. Well...more
TTAB Emancipates “Queen of Christmas” from Mimi -
Mariah Carey lets mark registration go unchallenged -
Breakdown -
Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more
12/12/2022
/ Business Opportunity Laws ,
China ,
Class Action ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Enforcement ,
Federal Trade Commission (FTC) ,
Gaming ,
Holidays ,
Music ,
Online Gaming ,
Place of Origin ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition ,
USPTO
So today’s Federal Trade Commission (FTC or Commission) meeting was a bit of a narrowly focused affair – all about the Business Opportunity Rule (Rule), which is a long-standing FTC rule that generally requires “business...more
Made-in-USA Shootout Leads to Jury Trial, $3.1 Million Judgment
Novelty glassware manufacturer weaponizes FTC guidance against rival -
Is Half Bulletproof Really a Thing?
For the uninitiated, the shot glass in...more
11/18/2022
/ Advertising ,
Competition ,
COPPA ,
Country of Origin ,
Dietary Supplements ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Lanham Act ,
Made in the USA ,
Marketing ,
Nutritional Supplements ,
Online Education ,
Product Labels ,
Robocalling ,
Technology Sector
Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more
10/26/2022
/ Advertising ,
Airlines ,
Alcohol Beverage Control ,
Anti-SLAPP ,
Breach of Contract ,
Carbon Off-Set Credits ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Fashion Branding ,
FCC ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Labeling ,
Lanham Act ,
Lululemon ,
Nutrition Facts Labels ,
Proprietary Information ,
Public Interest ,
Telecommunications ,
Travel ,
United Airlines ,
Voice Service Providers ,
Wine & Alcohol
If there were any question whether the current Federal Trade Commission (FTC) was reenacting the 1970s, that question has been put to rest. And unfortunately, it’s not about seeing Grace Jones, Liza Minnelli and Andy...more
Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. Here is a rough transcript; and if you have a spare five hours, you can watch the videos, which will soon be posted on the...more
IDAC to Ed Tech: Get Your Act Together -
Post-COVID-19 learning app boom puts kids at risk, watchdogs say -
An Embarrassment of Horrors -
As if school-age children didn’t have enough to worry about.
From the...more
9/26/2022
/ Advertising ,
Auto-Renewal ,
Class Action ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Marketing ,
Online Advertisements ,
Students ,
Subscription Services ,
Technology ,
Testimonial Statements
After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. Candidly, we were a bit surprised to see the return of these...more
CSPI to FDA: Move to the Front!
Watchdog barks at industry efforts to highlight nutrition facts -
Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more
9/2/2022
/ Advertising ,
Children's Products ,
COPPA ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Influencers ,
Lanham Act ,
Made in the USA ,
Masks ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Nutrition Facts Labels ,
Personal Information ,
Product Labels ,
Right of Publicity ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking...more
From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own...more
8/17/2022
/ Advertising ,
Celebrities ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Enforcement Priorities ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Influencers ,
Initial Coin Offering (ICOs) ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Warning Letters
FCC Slams American Scammers for 8 Billion Robocalls -
With too many calls to document, carriers are ordered to pull the switch on traffic -
One Robo to Call Them All -
What sort of activity earns a court order, a public...more
8/16/2022
/ Advertising ,
Class Action ,
Divorce ,
Electronic Fund Transfer Act ,
False Advertising ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
H&M ,
Influencers ,
Marketing ,
Military Service Members ,
Robocalling ,
Scams ,
Social Networks ,
Spoofing ,
State Attorneys General ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Veterans
TINA Investigation Sours on HelloFresh -
America’s #1 food-box provider is deploying dark patterns, says watchdog -
See-Through?
When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more
7/15/2022
/ Advertising ,
Data Privacy ,
Fashion Design ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Incentives ,
License Renewals ,
Loss of Goodwill ,
Material Disclosures ,
NAD ,
Natural Products ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Transparency ,
Web Browsers
It has been two weeks or so since the FTC announced that it is going to take a close look at whether and how to revise the Dot com Disclosure Guides. For those who are new to this, the dot com guides (technically and...more
We spend many of our working hours – and far too many of our nonworking hours - talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish...more
6/17/2022
/ Artificial Intelligence ,
Bias ,
COPPA ,
Discrimination ,
Drug Pricing ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Hate Crimes ,
Information Reports ,
Policy Statement ,
Public Meetings ,
Racial Bias ,
Scams
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients -
Please Ignore This Section if You Are Easily Annoyed -
Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
6/3/2022
/ Advertising ,
Alternative Medicine ,
Beverage Manufacturers ,
Class Action ,
Federal Trade Commission (FTC) ,
For Profit Education ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
NAD ,
Natural Products ,
Nutrition Facts Labels ,
Puffery ,
Zillow
In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including...more
As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more
NAD Won’t Rename Supplement Maker -
Innovix Pharma loses on product claims but gets to keep its calling card.
Nerding Out -
Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
5/13/2022
/ Advertising ,
Class Action ,
Dietary Supplements ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Health Claims ,
Marketing ,
Misleading Statements ,
NAD ,
Pharmaceutical Industry ,
Telemarketing ,
Unfair or Deceptive Trade Practices
We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more
4/29/2022
/ Advertising ,
Breach of Contract ,
Class Action ,
Digital Assets ,
Distributors ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Made in the USA ,
Misleading Statements ,
Negligence ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Security Breach