The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more
Swamped Commission Gets Compulsory Life Preserver - Rising tide of merger filings cited to justify new compulsory process resolutions - Multi-Foci - After a 3-2 vote, the Federal Trade Commission (FTC or Commission) approved...more
To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data...more
‘Blessing Loom’ Club Just a Pyramid in Drag? FTC says BINT was fleecing participants while demanding vows of silence - Migraines in No Time - There are all sorts of new-agey trappings that accompany the “Blessing Loom” known...more
CARU Warns Kids Off of Consuming Sugary, Fruit-Scented Doll Tears - Sometimes you write a title so strange that a subtitle seems superfluous - Kids Today - The holy grail of toy manufacturing is the collectible—the marketing...more
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress...more
In a highly anticipated recent Supreme Court decision in the case of AMG Capital Management v. FTC, the court ruled in favor of putting the brakes on consumer redress and the commission’s ability to protect consumers from...more
BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more
5/12/2021
/ Advertising ,
Class Action ,
COPPA ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Product Labels ,
Robocalling ,
Scams
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b) - Well, the buck stops here (for now). In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the...more
5/5/2021
/ Advertising ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
Enforcement Actions ,
Expedia ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Made in the USA ,
Marketing ,
Settlement
Digitally Generated Storm Clouds Gather Over Artists’ Rights - NFTs open exciting new legal questions for experienced IP lawyers - Thomas Kinkade This Ain’t - It’s a beautiful house. Open and sparse, it’s bordered by clear,...more
4/26/2021
/ Advertising ,
COPPA ,
Digital Assets ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Online Marketplace ,
YouTube
Will Unanimous Supremes Stem the TCPA Tide? With a ‘random’ decision, SCOTUS reshapes the landscape of telemarketing law - What a Long Strange Trip It’s Been - Back in July of last year, we offered a summary of the...more
Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more
4/12/2021
/ Advertising ,
Bitcoin ,
Cannabidiol (CBD) oil ,
E-Commerce ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food Labeling ,
GMO ,
Marketing ,
Online Marketplace ,
Pharmaceutical Industry ,
Reimbursements ,
Wire Fraud
FTC Shines Light Inside ‘Dark Patterns’ - Move over cookies, fingerprinting, ad trackers—there’s an old species of internet chicanery in town - Everything Old … It’s hard to find a nongovernmental clearing house filled with...more
3/12/2021
/ Advertising ,
Arbitration ,
Class Action ,
False Advertising ,
Federal Trade Commission (FTC) ,
In-Game Purchases ,
Internet Streaming ,
Loot Boxes ,
Marketing ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Websites
Google Bests Consumer Class Action with Section 230 Defense - But district court leaves door open for an amended complaint - Four Americans = 12 Opinions - The tsouris invoked by Section 230 of the Communications Decency Act...more
2/26/2021
/ Advertising ,
Class Action ,
Communications Decency Act ,
Farm Animals ,
Federal Trade Commission (FTC) ,
Google ,
In-Game Purchases ,
Mobile Apps ,
Online Platforms ,
Section 230 ,
Video Games
Product Guides Don’t Protect Speech - Ninth Circuit overturns First Amendment dismissal of hidden endorsement suit - First, Do No Harm - NutriSearch, publisher of the “NutriSearch Comparative Guide to Nutritional...more
Mars Mired in Milk Chocolate Melee - Yet another suit is hawkish over Dove Bar packaging claims - Strike Two? Here’s a follow-up to the recent battle between Mars Wrigley Confectionery and Mohammed Garadi. If you recall — and...more
The Federal Trade Commission (“FTC”) announced on December 17 that it has taken action against six sellers of CBD products. In case you need a refresher, CBD is a substance found in the cannabis plant that is widely touted...more
Major Gaming Company Sued for Making Games Too Challenging - Loot Boxes plus in-game skill adjustments perpetuate addictive behavior? Don’t Hate the Playa - When does a pastime become an addiction?...more
FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more
11/19/2020
/ Advertising ,
Copyright Infringement ,
Coronavirus/COVID-19 ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Instagram ,
MLM Industry ,
NAD ,
Photographs ,
Scams ,
Social Media
As we wait to see how the Supreme Court will rule on the FTC’s redress authority and whether the FTC will potentially be controlled by Republicans or Democrats for at least the next four years, it is worth noting that...more
Supremes Deny Energy Drink Company’s First Amendment Petition - 5-Hour Energy drink maker asks to pour unsubstantiated claims down the drain - Free Speech Spotting - Not too long ago, we covered a dustup between a state...more
All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court strip the FTC of that authority entirely? ...more
Plaintiff: Salmon Farmer’s All-Natural Claims Are, You Know, Fishy - Consumer expectations front and center in new class action against Ducktrap Salmon - Wide Net - According to its own account, Mowi, a Norwegian fish-farming...more
Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who...more
Finally, CCPA Regs Become Final – but Wait, There's More…or Less… On Aug. 14, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Regs) under the...more
8/26/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
False Advertising ,
Federal Trade Commission (FTC) ,
Information Governance ,
Office of Administrative Law ,
Personally Identifiable Information ,
Scams ,
Social Media ,
Twitter