During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more
9/4/2024
/ Administrative Law Judge (ALJ) ,
Advertising ,
Choice-of-Venue ,
Consent ,
Discrimination ,
Disparate Impact ,
ECOA ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Race Discrimination ,
Section 5
On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more
8/16/2024
/ Advertising ,
AMG Capital Management LLC v FTC ,
Artificial Intelligence ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Popular ,
Section 5 ,
Social Media ,
Testimonial Statements
This summer the Federal Trade Commission (FTC) has turned up the heat on two companies that provide extended car repair coverage, CarShield and American Auto Shields, for deceptive and misleading advertising and telemarketing...more
8/6/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Contracts ,
Consumer Insurance Products ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Service Contracts ,
Social Media ,
Unfair or Deceptive Trade Practices
Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more
8/2/2024
/ Advertising ,
Business Opportunity Laws ,
Department of Labor (DOL) ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Independent Contractors ,
Job Ads ,
Misleading Statements ,
Section 5 ,
Statutory Violations
In early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims. The agency says the new guidance will help businesses comply with its “all or virtually all” standard,...more
In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary...more
Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a...more
State attorneys general (AGs) are the chief legal officers of their states or territories and can bring actions to protect the “public interest” in almost any area of law. They represent the state government and the general...more
Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode....more
Listen to Episode 9 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Justin Pierce talks to host Len Gordon about copyright counseling and protection. Check out the episode....more
Listen to Episode 7 of our podcast, the Ad Law Tool Kit Show. In this episode, partners Ellen Berge and Andrew Bigart talk to host Len Gordon about payment processing. Check out the episode....more
Listen to Episode 7 of our podcast, the Ad Law Tool Kit Show. In this episode, partners Ellen Berge and Andrew Bigart talk to host Len Gordon about payment processing. Check out the episode....more
Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more
3/7/2024
/ Advertising ,
Audits ,
Civil Monetary Penalty ,
Climate Change ,
Disgorgement ,
Enforcement Actions ,
Environmental Claims ,
False Advertising ,
Greenwashing ,
Misleading Statements ,
NAD ,
Net Zero
If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next?...more
Listen to Episode 5 of our podcast, the Ad Law Tool Kit Show. In this episode, Venable partner Roger Colaizzi and former partner Alexandra Megaris talk to host Len Gordon about surviving an FTC investigation. Check out the...more
It’s that time of year again—Ad Law Symposium is back!
Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
2/22/2024
/ Advertising ,
Advertising Substantiation ,
Artificial Intelligence ,
Automatic Renewals ,
Best Practices ,
Defense Strategies ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Green Marketing ,
Lanham Act ,
Legal Ethics ,
Marketing ,
Pricing ,
Regulatory Requirements ,
Social Media ,
State Privacy Laws ,
Telemarketing ,
Text Messages
On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30...more
Listen to Episode 3 of our new podcast, the Ad Law Tool Kit Show. In this episode, hosts Len Gordon and Shahin Rothermel discuss negative option and continuity marketing. Check out the episode....more
As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more
Tractor maker Kubota North America Corporation will pay a $2 million civil penalty for falsely labeling its replacement parts as “Made in USA,” the largest civil penalty ever in a Federal Trade Commission (FTC) Made in USA...more
1/31/2024
/ Advertising ,
Civil Monetary Penalty ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Product Labels
Listen to a clip from Episode 1 of our new podcast, the Ad Law Tool Kit Show. In this episode, partners Melissa Steinman and Erin Maus talk to host Len Gordon about product safety and recalls. Check out the episode....more
In March, the Federal Trade Commission (FTC) asked for comments on a proposal to replace the Prenotification Negative Option Rule with a more expansive Negative Option Rule. Now that the FTC has had the chance to review those...more
The Federal Trade Commission (FTC) continues to focus its attention on “Made in the USA” claims, and this time the agency has fixed its gaze on a Florida-based company and its principal, whose claims regarding patriotic and...more
With the holiday shopping season in full swing, companies will soon begin the annual fight for every consumer dollar. But before companies can make the sale, they will face an even more daunting task: grabbing customer...more
Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more
11/22/2023
/ Advertising ,
Class Action ,
Enforcement Actions ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
NAD ,
New Legislation ,
Recycling ,
State Regulators ,
Webinars