Feeling a little sluggish, three New Yorkers purchased Logan Paul’s Prime energy drink in hopes of getting a little boost from the advertised 200 mg of caffeine in each can. Perhaps they got more of a boost than expected,...more
In 2022, Alin Pop was scrolling through his Instagram feed, when he found influencers promoting Luli Fama swimwear. “Pop followed what he believed to be the honest advice of the influencers,” and purchased some products for...more
Last week, the Massachusetts Attorney General’s office released a webinar and business guidance to help companies comply with upcoming regulations on junk fees and negative option contracts. The webinar and guidance cover a...more
8/6/2025
/ Advertising ,
Consumer Contracts ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fees ,
Hidden Fees ,
New Regulations ,
Regulatory Requirements ,
State and Local Government ,
State Attorneys General ,
Subscription Services ,
Unfair or Deceptive Trade Practices
As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more
7/23/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Imports ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
Online Marketplace ,
Product Labels ,
Retailers ,
Unfair or Deceptive Trade Practices ,
Warning Letters
P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more
7/21/2025
/ Advertising ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Endorsements ,
Social Media ,
TikTok
This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more
7/18/2025
/ Advertising ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
Fraud ,
Influencers ,
Marketing ,
NAD ,
Social Media ,
Transparency
On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Chairman Ferguson noted that in a recent poll, 61% of Americans stated that whether a product was “Made in USA” played a factor in their...more
Coterie Baby advertises that its diapers provide “up to 4x more absorbency” and “up to 3x drier skin” compared to “leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more
In our most recent “Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut’s...more
On May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with “major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for...more
Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms...more
The FTC issued FAQs to answer common questions about its Rule on Unfair or Deceptive Fees and to provide a small entity compliance guide in connection with the Rule. The issuance of the FAQs affirms that the current FTC, led...more
When Apple announced the iPhone 16 last year, it advertised that it would be “the first iPhone built for Apple Intelligence.” Apple touted several AI features and advertised that Apple Intelligence is “Available Now.” In...more
Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more
4/28/2025
/ Advertising ,
Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
False Advertising ,
Misleading Statements ,
Retailers ,
State Privacy Laws ,
Statutory Violations ,
WA Supreme Court ,
Washington
We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more
4/23/2025
/ Class Action ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Popular ,
Retailers ,
Social Media
Rascals advertises that the Hydrolock Core in its diapers “holds up to 25 x its weight” and “absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more
Tempur-Pedic ran ads on social media asking viewers whether they want a mattress “that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more
In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually...more
Businesses offering subscriptions or other ongoing services continue to face a growing, and increasingly complex, patchwork of state auto-renewal laws (ARLs). 2025 brings a fresh wave of developments across the states. In...more
James Hardie Building Products makes fiber cement home siding. The company produced a video demonstration that compared the combustibility of its siding to various competing products when exposed to a blowtorch. At the...more
Last week, consumers in four states filed a proposed class action against Amazon, accusing the company of greenwashing by misleading consumers about the sustainability of the company’s Amazon Basics line of paper products....more
3/24/2025
/ Amazon ,
Class Action ,
Climate Change ,
Consumer Protection Laws ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Greenwashing ,
Supply Chain ,
Sustainability ,
Unfair or Deceptive Trade Practices
DREO advertises that it is the “No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the “number 1” brand in both of those categories. Because there can’t be two “number 1”...more
Simpler Hair Color (or “SHC”) advertises that its products are “Rated #1 Men’s Hair Color” and “Rated #1 Men’s Hair & Beard Color” based on “Trustpilot.com verified reviews.” Combe, a competitor, challenged the #1 claims...more
Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more
The Certified Angus Beef organization (or “CAB”) is a nonprofit organization that certifies high-quality Angus beef. CAB encourages beef producers to participate in the Beef Quality Assurance (or “BQA”) program, claiming...more