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
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
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Yesterday, we looked at...more
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. NAD’s decision covers a...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
A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...more
Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: “It’s a better mouthwash. I...more
If you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there’s no clear answer, a recent decision provides some guidance on what NAD expects....more
Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and...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
Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: “210,000+ 5-star reviews of Rascals Products.” P&G thought...more
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
A recent class action asks how it’s possible that a Chinese company, with allegedly “no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...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
Feeling a little sluggish, a woman in California went onto Instagram to see what other people were doing to give themselves a little energy boost. When she learned that three of the influencers she followed – Devon Windsor,...more
As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a...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
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