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
We made it to the 11th public commission meeting. Now, one person who didn’t make it to the meeting today (or at least did not appear on the main screen) was Alvaro Bedoya. We had heard that his confirmation vote to become...more
Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more
Trade Secret Case Unravels Unequal Fashion Partnership -
Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse.
The Royal She -
In high fashion, creative output is the whole game -...more
4/15/2022
/ Breach of Contract ,
Class Action ,
Conversion ,
Copyright ,
Enforcement Actions ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Misappropriation ,
Permanent Injunctions ,
Product Labels ,
Robocalling ,
Trade Secrets ,
Unfair Competition ,
Unjust Enrichment
What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone...more
The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are...more
The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that...more
CafePress Owners Nabbed for Failing to Protect Consumer Data -
Company left Social Security numbers out and unencrypted, then hid the data breach...more
3/31/2022
/ Advertising ,
Children's Products ,
Class Action ,
Country of Origin ,
Data Breach ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Natural Products ,
Personal Information ,
Product Labels ,
Sensitive Personal Information
L’Oréal Gets Pancaked by False Origin Suit -
Famous beauty products made in...Arkansas? ...more
The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. Indeed, one of us bloggers started at the FTC in 1998, and the first case he...more
We are bombarded with countless abbreviations every day - CPPA, GLBA, MSRP, SARS and BPA, to name just a few. Time to add one more to the list. Per- and polyfluoroalkyl substances, colloquially known as PFAS, are a class of...more
Video games have come a long way from the days of Atari’s Pong; today’s games can contain fully immersive worlds complete with brand partnerships. Video game platforms, such as Roblox, which boasts over 100 million active...more
3/7/2022
/ Advertising ,
Advertising to Minors ,
Children's Online Games ,
COPPA ,
Corporate Branding ,
EU ,
European Economic Area (EEA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Minor Children ,
Video Games
Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting, the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. ...more
Bunny v. Smaug -
Did Annie’s smack down a snack-box slack-fill strike suit? ...more
2/17/2022
/ AMG Capital Management LLC v FTC ,
Chemicals ,
Class Action ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
Non-Fungible Tokens (NFTs) ,
Price Gouging ,
Product Packaging ,
Scams ,
Slack-Fill Suits ,
Unfair Competition
This is our third blog in a series that is examining potential ambiguities in the Federal Trade Commission’s (Commission) Made in USA (MUSA) guidance - ambiguities that become particularly more important now that MUSA claims...more
Washington State Debates Personal Data Protections -
Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more
2/3/2022
/ Advertising ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
Ethereum ,
Federal Trade Commission (FTC) ,
NAD ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking
There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to...more
2/2/2022
/ Advertising ,
Audits ,
B2B Organizations ,
Brand ,
Endorsements ,
Ethics ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
Online Endorsements ,
Trade Secrets
Yesterday’s sole topic for the monthly public Federal Trade Commission (FTC) meeting was identity theft. That’s it. No policy statements, no votes, no repeal of carefully crafted bipartisan policy documents, just identity...more
FTC Wants Input on Impersonation - COVID-19 era sees flood of fakery, but why? Trendlines - It’s a common theory that the COVID-19 pandemic accelerated changes that were already bubbling beneath the surface of our lives —...more
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
This may be one of the best ads in recent memory – an ad promoting visiting Lexington, Kentucky, horse capital of the world. The ad promises to make kids’ holiday dreams come true with the opportunity to buy “Non Fungible...more
Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services...more
My smart colleague Daniel posted a terrific new year’s resolution blog yesterday. I have one more thing to add. Many of us at some point have had to make an apology or two for comments made when we may have been, er,...more