Every year when the calendar metaphorically flips from May 31 to June 1, we get that extra pep in our step. Summer is just around the corner, pride flags are flying, iced coffee is flowing – and this year, Kylie Minogue is...more
Congress sometimes passes legislation in a quite dramatic manner, with countless hearings, headlines, statements, and discourse. Other times, things happen just a bit more quietly, with language appearing in an omnibus...more
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
Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might...more
5/24/2023
/ Advertising ,
Celebrity Endorsements ,
Corporate Counsel ,
Endorsements ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Google ,
Misrepresentation ,
Mobile Devices ,
Settlement ,
Smartphones ,
State Attorneys General
It has been a while since we last gathered for one of the monthly public meetings of the Federal Trade Commission (FTC or Commission). Clearly, the monthly nature of the meetings is questionable, but then again, there are...more
5/23/2023
/ Biometric Information ,
Breach Notification Rule ,
Comment Period ,
Consumer Privacy Rights ,
Data Privacy ,
Electronic Protected Health Information (ePHI) ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Notice Requirements ,
NPRM ,
PHI ,
Policy Statement ,
Public Meetings
It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on...more
5/8/2023
/ Advertising ,
Artificial Intelligence ,
COPPA ,
Data-Sharing ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Geolocation ,
PHI ,
Privacy Laws ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
The other day I was trying to make heads or tails of a new Federal Trade Commission announcement when I heard the familiar sound indicating that a new email had arrived. Nothing out of the ordinary. The email was from a small...more
Bringing law enforcement takes a lot of time – many, many months of investigation, analysis, negotiations and process must occur before an agency brings a law enforcement action. But blogs can get out the door far more...more
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
For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity....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
Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more
3/29/2023
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
Last June, the Federal Trade Commission (FTC) brought a lawsuit against Gravity Defyer and its owner in federal court, alleging that the defendants were making deceptive pain-relief claims for Gravity Defyer footwear. The...more
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
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more
Ian Fleming famously wrote, “Once is happenstance. Twice is coincidence. Three times is enemy action.” Although we aren’t quite talking enemy action here, we are seeing heightened Federal Trade Commission (FTC) interest in...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
On March 6, the FDA announced the launch of its new “Dietary Supplement Ingredient Directory.” According to the FDA, the directory is “a one-stop shop of ingredient information that was previously found on different FDA...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
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
To modest fanfare, last week the Federal Trade Commission announced the creation of a new Office of Technology (Office or OTech). The press release noted that the Office “will strengthen the FTC’s ability to keep pace with...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