In 1997, following consumer research and public comments, the FTC published an Enforcement Policy Statement on U.S. Origin Claims to guide marketers and manufacturers that want to make an unqualified Made in USA claim under...more
9/4/2025
/ Advertising ,
Compliance ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Final Rules ,
Labeling ,
Manufacturers ,
Product Labels ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices
In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State Senate and State Assembly. The...more
9/2/2025
/ Abusive Acts ,
Advertising ,
Anti-Fraud Provisions ,
Antitrust Provisions ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Fraud ,
General-Business ,
New York ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
State Attorneys General ,
Statutory Damages ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission recently enacted the Made in USA Labeling Rule and updated its “Complying with the Made in USA Standard” business guidance. Both reinforce the “all or virtually all” standard...more
8/7/2025
/ Advertising ,
Compliance Management Systems ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Penalties ,
Product Labels ,
Regulatory Requirements ,
Supply Chain ,
Unfair or Deceptive Trade Practices
On July 29, 2025 the Massachusetts Attorney General released updated business guidance on the new "junk fee" rules. Business must comply by September 2, 2025. The updated guidance and webinar is designed to help businesses...more
On June 18, 2025, the New York State Attorney General announced that her office stopped an allegedly fraudulent cryptocurrency investment scam that targeted hundreds of Russian-speaking New Yorkers in Brooklyn and across the...more
6/19/2025
/ Advertising ,
Consumer Protection Laws ,
Cryptocurrency ,
Enforcement Actions ,
Financial Crimes ,
Fraud ,
Investigations ,
Investment ,
Investors ,
New York ,
Scams ,
Social Media ,
State Attorneys General
Has your company received an FTC warning letter or a penalty offense notice? If so, such correspondence should not be ignored because there is a high likelihood that the FTC is in the process of actively and quickly seeking...more
1/2/2025
/ Advertising ,
Civil Monetary Penalty ,
Code of Conduct ,
Compliance ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Marketing ,
Misleading Statements ,
MLM Industry ,
Penalties ,
VoIP ,
Warning Letters
The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more
10/25/2024
/ Advertising ,
Compliance ,
Credit Cards ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financing ,
Fraud ,
Lead Generators ,
Liability ,
Multi-Party Litigation ,
Robocalling ,
Telemarketing Sales Rule ,
VoIP
As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more
10/3/2024
/ Advertising ,
Artificial Intelligence ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Compensation ,
Compliance ,
Disclosure Requirements ,
Enforcement ,
Fake Reviews ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misleading Statements ,
Misrepresentation ,
Ratings ,
Social Media ,
Testimonial Statements
On July 2, 2024, the Federal Trade Commission announced a “refreshed version” of the agency’s Complying with the Made in USA Standard guidance document. The refreshed guidance document includes, without limitation, updated...more
7/8/2024
/ Advertising ,
Compliance ,
Customs and Border Protection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Marketing ,
New Guidance ,
Tariff Act of 1930
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients.
The FTC will consider numerous factors, including, but not limited to, the extent to...more
6/13/2024
/ Advertising ,
Advertising Substantiation ,
Deceptive Intent ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Telemarketing ,
Testimonial Statements ,
Third-Party Liability ,
UDAP ,
Unfair or Deceptive Trade Practices
On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
Telemarketing ,
Telemarketing Sales Rule
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
12/29/2023
/ Advertising ,
Advertising to Minors ,
Audio Recording ,
Biometric Information ,
Consent ,
COPPA ,
Data Collection ,
Data Deletion ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Notice Requirements ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Remedial Actions ,
Third-Party
On October 11, 2023, the Federal Trade Commission announced a new proposed rule to prohibit “junk fees,” which the FTC states are hidden and bogus fees that can harm consumers and undercut honest businesses.
FTC...more
10/16/2023
/ Advertising ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Disclosure Requirements ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Price Comparisons ,
Proposed Rules ,
Subscription Services ,
Transparency ,
Utilities Sector
The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more
7/3/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Bureau of Consumer Protection ,
Child Safety ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Guidance Update ,
Incentives ,
Influencers ,
Investigations ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Penalties ,
Proposed Rules ,
SCOTUS ,
Social Media ,
Targeted Digital Advertising ,
Testimonial Statements
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
6/19/2023
/ Advertising ,
Business Opportunity Laws ,
Consumer Review Fairness Act (CRFA) ,
Cooling-Off Rule ,
E-Commerce ,
False Advertising ,
Federal Trade Commission (FTC) ,
Frozen Assets ,
FTC Act ,
Investment ,
Marketing ,
Real Estate Investments ,
Remote Working ,
Restraining Orders ,
Sales Promotions ,
Social Media ,
Software ,
Unlawful Practices
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising.
This follows an FTC announcement in December 2022 that...more
6/5/2023
/ Advertising ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Marketing ,
Popular ,
Public Comment ,
Recycling ,
Section 5 ,
Unfair or Deceptive Trade Practices
As discussed by ecommerce law attorney Richard B. Newman, here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price...more
It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more
5/1/2023
/ Advertising ,
Amazon ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment Management ,
Robocalling ,
Unfair or Deceptive Trade Practices
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
4/17/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Appeals ,
Civil Monetary Penalty ,
Consent Order ,
Department of Justice (DOJ) ,
Due Process ,
Endorsements ,
Enforcement ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Misleading Statements ,
Misrepresentation ,
SCOTUS ,
Securities and Exchange Commission (SEC)
When it comes to evaluating false and deceptive advertising, the Federal Trade Commission considers an ad deceptive, in part, if it contains a statement - or omits information – that is likely to mislead consumers acting...more
Advertisers, beware.
On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that...more
1/17/2023
/ Advertising ,
Civil Monetary Penalty ,
Dot Com Disclosure Guide ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment ,
Investment Adviser ,
Refunds ,
ROSCA ,
Trading Platforms
The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands....more
12/9/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
FTC Endorsement Guidelines ,
SCOTUS ,
Unfair or Deceptive Trade Practices
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022.
The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
9/27/2022
/ Advertising ,
Credibility ,
Deceptive Intent ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Liability ,
Misrepresentation ,
Online Reviews ,
Penalties ,
Proposed Rules ,
Social Media ,
Testimonial Statements
UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and...more
9/19/2022
/ Advertising ,
Audits ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Influencers ,
Social Media ,
Summary Judgment ,
TikTok ,
Vicarious Infringement