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FTC Sends Warning Letters Over Warranty Practices

The FTC is focused on ensuring that consumers have options when it comes to repairing products. Two years ago, we summarized an FTC workshop, report, Policy Statement, and three settlements on this issue. Last week, the FTC...more

FTC Updates Made in the USA Guidance

Last week, the FTC released an updated version of its Complying with the Made in USA Standard business guide. The heart of the guidance remains the same: if you expressly or implicitly state that a product is Made in the USA...more

NAD Decision Shows ​“Simple” Claims Can be Complicated

In the spring, we posted about a case involving a heavy dose of makeup. As the summer heat sets in, you may be thinking about a more minimalist approach to your personal care products. If so, Native has you in mind with a...more

Ninth Circuit Considers the Meaning of an ​“Up to” Claim

Energizer claimed that its AA MAX batteries are ​“up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against the...more

FTC Challenges Adobe’s Subscription Practices

Adobe needs no introduction. It makes the software that enables many of our readers to view this complaint and it makes the software that enables many of our non-readers to touch up photos to make themselves appear more...more

NAD Reviews a Song and Dance on a Porch

Jason Momoa moved into a new neighborhood and was sad because his internet hadn’t been connected. Zach Braff and Donald Faison tried to cheer him up, as good neighbors often do, by singing him a song and dancing on his porch....more

6/18/2024  /  Advertising , Internet , Marketing , NAD , T-Mobile

A Trademark Dispute Plays Out Before the NAD

Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to...more

“Junk Fee” Legislative Roundup

For the past several years, state AGs have been ​“checked-in” when it comes to hidden hotel and resort fees. (Revisit our round-up of AG actions against those fees here). To date, these enforcers have largely relied on their...more

Lessons on Sponsorship Agreements from an Unusual Place

Some have called Joey Chestnut an ​“American hero” for his historic achievements. By ​“some,” I mean the Major League Eating organization. And by ​“historic achievements,” I mean eating 76 hot dogs and buns in ten minutes in...more

NARB Disagrees with NAD on Package Disclosures

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

NAD Considers the Meaning of ​“Ultimate” Claims

Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the ​“ultimate clean,” even in the ​“toughest conditions,” and even when you ​“skip the rinse.” In my house, the pre-rinse cycle runs...more

CARU Reviews Disclosures in Sponsored Content Directed to Kids

The Children’s Advertising Review Unit (or ​“CARU”) recently launched an investigation into the ​“Vlad and Niki” YouTube channel owned by CMG. The channel is described as a ​“global preschool phenomenon and highest rated kids...more

NY Case Addresses Publicity Rights for People in the Background of Social Media Photos

This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you...more

NAD Reviews Green Claims for Trash Bags

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more

NBA Hall of Fame Player Sues Over Unauthorized Use of Image

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate...more

California Issues FAQs on Hidden Fee Law

This week, the California AG’s office released a set of FAQs on California’s law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful under the Consumer Legal Remedies Act...more

California DOJ Dispels Myths on New Hidden Fee Law

Last year, California enacted a law which will generally require companies to include all mandatory fees when they advertise prices. Starting on July 1, 2024, the following practices will be unlawful...more

NAD Finds Disclosures for Comparative Claims Aren’t Clear

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

4/29/2024  /  Advertising , Marketing , NAD , NARB

NAD Determines a Money Back Guarantee Conveys Performance Claim

The Princeton Review advertises its MCAT preparation courses with the following copy: ​“Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation...more

California Publishes New Regulations Governing Charitable Campaigns

Doing good just got a little more complicated for companies that run charitable campaigns in California. In January 2023, we posted that California had passed a new law governing certain types of charitable campaigns....more

Court Finds that Sunshine Reveals Puffery

Two consumers walked into supermarkets on a mission to find ​“nutritious, healthy snacks” that ​“would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned...more

DOJ Issues Website and App Accessibility Requirements for State and Local Governments

Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys, with thousands of lawsuits filed every year. Part of the problem is the lack of clear guidance from the government in this area, given that...more

NAD Recommends More Prominent Disclosures on Influencer Posts

Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin. See the picture below. I tend to go for a more natural look myself, so I can’t imagine how long it takes to apply that makeup or how...more

10th Circuit Decision at Odds with FTC over ​“American Made” Claims

I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism....more

Courts and NAD Come to Different Conclusions on Package Disclosures

Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth...more

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