On today’s episode of AD Nauseam, Amy and Daniel talk about what to expect in 2024 – from the FTC and from NAD.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
On today’s episode of AD Nauseam, Amy and Daniel talk the issue of post-holiday weight loss claims and how these claims have been addressed by the FTC and NAD.
Questions & Comments: amudge@bakerlaw.com and...more
Lest there be any confusion – this is not a comment that we will be filing in connection with the FTC rulemaking on junk fees. But we do have lots of thoughts and concerns and have had countless conversations – with our...more
Guess Who Members Can’t Share the Band -
Ancient rockers hurl lawsuit at former bros, but will it stick?
When Friends Fall Out -
Baroque internecine conflicts and acrimonious legal battles are nothing new in the...more
On Nov. 16, the Federal Trade Commission (FTC) held an open meeting to discuss the FTC’s new “Voice Cloning Challenge” and present public comments on business practices of cloud computing providers in response to the FTC’s...more
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
Back in 2021, the FTC announced substantial changes to the Rule that imposed more detailed and rigorous security requirements for covered financial institutions and was largely based on the New York State Department of...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
If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more
10/4/2023
/ Agents ,
Brand ,
Compliance ,
Corporate Liability ,
Distributors ,
Federal Trade Commission (FTC) ,
FTC Act ,
Influencers ,
Marketing ,
Misrepresentation ,
Pyramid Schemes ,
Social Networks
On today’s episode of AD Nauseam, Amy, Daniel and Linda will cover an issue that has been quite a hot topic of late – the marketing of subscription services and negative options.
Questions & Comments: amudge@bakerlaw.com;...more
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
If it feels like it has been ages since you heard about one of the Federal Trade Commission (FTC or Commission) public meetings, well, that’s kind of true. There was a meeting back in July that discussed military consumer...more
9/15/2023
/ Advertising ,
Chamber of Commerce ,
Children's Online Games ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
Minor Children ,
Online Platforms ,
Online Safety for Children ,
Orange Book ,
Public Meetings
“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 today’s episode of AD Nauseam, Amy, Daniel and Sarah will focus on a real hot topic – dealing with endorsements and testimonials from multiple angles and viewpoints.
Questions & Comments: dkaufman@bakerlaw.com;...more
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
Whether your focus is privacy, advertising or both, there is a good chance that you have bumped into some thorny issues involving the Children’s Online Privacy Protection Act (COPPA). In general, COPPA prohibits websites or...more
Last week, the House Judiciary Committee held an oversight hearing regarding the Federal Trade Commission (FTC or the Commission). FTC Chair Lina Khan was the sole witness appearing at the hearing. The FTC’s written testimony...more
A lot of ink has been spilled on many of the pending Federal Trade Commission (FTC) consumer protection rulemakings – commercial surveillance, subscription services and earnings claims, to name a few. But the rulemaking on...more
It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency...more
The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more
6/29/2023
/ Administrative Monetary Penalties ,
Advertising ,
Corporate Counsel ,
Enforcement Actions ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Act ,
Imports ,
Labeling ,
Made in the USA ,
Product Labels ,
Unfair or Deceptive Trade Practices