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
7/17/2025
/ Advertising ,
Digital Platforms ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
Online Platforms ,
Product Labels ,
Retailers ,
Third-Party ,
Third-Party Liability
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
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
4/16/2025
/ Advertising ,
Class Action ,
Consumer Product Companies ,
Consumer Protection Laws ,
Country of Origin ,
Damages ,
False Advertising ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Marketing ,
Product Labels
On today’s episode of AD Nauseam Amy and Daniel are back to discuss more advertising cases relating to food marketing for part two of their episode, “Food Glorious Food.”...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
“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
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
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
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
Introducing Our Secret Plan to Fight Inflation -
It’s simple: Don’t fall afoul of the FTC -
’Twas Ever Thus -
Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more
1/30/2023
/ Advertising ,
Competition ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Cryptoassets ,
Cryptocurrency ,
Fashion Branding ,
Fashion Industry ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Greenwashing ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Restitution ,
UK ,
Unfair Competition ,
Warning Letters ,
Websites ,
Wire Fraud ,
Zara
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
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
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
Will Coppertone Get Burned for Its Labels?
Consumer class action alleges sunscreens are all the same -
It’s Not Much, But It’s Something -
Through the years, Coppertone - the sun protection products brand owned...more
8/3/2022
/ Advertising ,
Brand ,
Class Action ,
Confidential Information ,
Consumer Product Companies ,
Copyright ,
Corporate Branding ,
Do Not Call List ,
False Advertising ,
Logos ,
Marketing ,
Mobile Apps ,
Product Labels ,
Product Packaging ,
Standing ,
Subscription Services ,
TCPA ,
Text Messages ,
Trade Secrets ,
Unfair Competition ,
YouTube
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
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
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
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
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
Plaintiffs’ Bar Waves Another Maddening Flag at Olé - Repeat of Cali origin case makes New York claims - Qué Pasó? Back in May, we covered a case that raised a bushel of interesting questions about origin claims....more
China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more