New York attorney general Leticia James is the latest state-level actor to respond to the Trump administration’s efforts to shrink federal consumer protection agencies. James has championed the FAIR Business Practices Act, a...more
On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat...more
3/18/2025
/ Advertising ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Dismissals ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Pending Litigation ,
Unfair or Deceptive Trade Practices
State attorneys general (AGs) have long played a significant role in consumer protection enforcement, often acting as frontline regulators alongside federal agencies. For consumer financial services companies, an AG...more
Venable's AdLaw Symposium is back!
Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
3/7/2025
/ Advertising ,
Artificial Intelligence ,
Auto-Renewal ,
Best Practices ,
Beverage Manufacturers ,
Chief Compliance Officers ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food Manufacturers ,
Greenwashing ,
Legal Ethics ,
Marketing ,
NAD ,
Pricing ,
Privacy Laws ,
Risk Mitigation ,
State Regulators ,
Subscription Services
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more
3/4/2025
/ Administrative Agencies ,
Consumer Fraud ,
Consumer Privacy Rights ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Involuntary Reduction in Force ,
Online Platforms ,
Regulatory Agenda ,
Section 5 ,
Unfair or Deceptive Trade Practices
Last week, a security services company and several trade groups filed their merits brief in the U.S. Court of Appeals for the Eighth Circuit challenging the Federal Trade Commission’s (FTC) newly adopted Negative Option Rule,...more
2/26/2025
/ Administrative Procedure Act ,
B2B Transactions ,
Cancellation Rights ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Rulemaking Process ,
Statutory Authority ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more
2/24/2025
/ Administrative Authority ,
Constitutional Challenges ,
Department of Government Efficiency (DOGE) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
OIRA ,
OMB ,
SCOTUS ,
Trump Administration
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more
Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more
2/4/2025
/ Consumer Protection Laws ,
Corporate Misconduct ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Putative Class Actions ,
State Law Claims ,
Sustainability ,
Unfair or Deceptive Trade Practices
This week, the U.S. Court of Appeals for the Fifth Circuit vacated the Federal Trade Commission’s (FTC) Combatting Auto Retail Scams (CARS) rule....more
2/3/2025
/ Administrative Procedure Act ,
Appeals ,
Automotive Industry ,
CARS Rule ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices ,
Vacated
Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...more
With the Biden-Harris administration and Federal Trade Commission (FTC) Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan’s ambitious agenda led...more
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more
1/20/2025
/ Advertising ,
Earnings Reports ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
MLM ,
MLM Industry ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more
1/10/2025
/ Advertising ,
Consumer Protection Laws ,
Employee Rights ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Section 5 ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the Illinois attorney general announced a settlement with Grubhub Inc. to resolve allegations that the company engaged in an array of unfair and deceptive practices that...more
12/19/2024
/ Advertising ,
Cancellation Rights ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
GrubHub ,
Hidden Fees ,
Job Ads ,
ROSCA ,
State Attorneys General ,
Subscription Services ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) issued its long-awaited Final Rule on Unfair or Deceptive Fees. When the FTC released the proposed rule over a year ago, the rule covered any business that offered goods or...more
Just before Thanksgiving, the Federal Trade Commission (FTC) announced a Final Rule significantly expanding the coverage of the Telemarketing Sales Rule (TSR). The amendment extends the TSR’s prohibition against deceptive...more
Last month, the Federal Trade Commission (FTC) announced an enforcement action against Evolv Technologies, alleging that the company made deceptive claims about the capabilities of its AI-powered security screening system,...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more
The Federal Trade Commission (FTC) isn’t the only regulator in town when it comes to endorsements and testimonials. The Securities and Exchange Commission (SEC) regulates investment adviser marketing under its “Marketing...more
11/7/2024
/ Advertising ,
Cease and Desist Orders ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Investment Adviser ,
Marketing ,
Securities and Exchange Commission (SEC) ,
Testimonial Statements
Protecting the planet against climate change is a social movement—and big business. The Federal Trade Commission (FTC) has issued detailed and specific guidance for marketers about how to substantiate so-called green...more
As we previewed last week, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission’s (FTC) Final Negative Option Rule....more
By a 3-2 vote, the Federal Trade Commission (FTC) announced its Final Negative Option Rule that covers negative option programs for both consumer and B2B transactions in any media, including online, telephone, print, and...more