Understanding BBB Ratings: Building Trust and Mitigating Risks — Regulatory Oversight Podcast
Daily Compliance News: July 28, 2025, The Where is Grasshopper when you need him Edition
Podcast - Tips for Maintaining FTC Compliance When Using AI
Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies
Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA Name, Image, Likeness (NIL) Update – Effects of House Settlement
Podcast - New Guidance on Complying with FTC Rule on Deceptive and Unfair Fees
(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions
Podcast - Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement
Brinsley Dresden and Geraint Lloyd-Taylor of Lewis Silkin on Leveraging Thought Leadership to Build Personal and Practice Brands - CMO Series Rainmakers Podcast
Episode 120: Tim Cecere, President of St. Francis College in Brooklyn – Marketing and Advertising
FTC Regulatory and Enforcement Shifts Under New Leadership
Key Takeaways from Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps
(Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)
The Washington Supreme Court has just handed down a decision significantly expanding the scope of its anti-spam law to now cover a wide array of false advertising claims relating specifically to commercial emails. The case,...more
James Hardie Building Products makes fiber cement home siding. The company produced a video demonstration that compared the combustibility of its siding to various competing products when exposed to a blowtorch. At the...more
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more
Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more
2nd Circuit Affirms Something's Off With Plaintiffs' Suit Against Nature's Bounty for its Fish Oil Claims - The Court of Appeals for the Second Circuit refused to revive a class action lawsuit alleging that Nature's Bounty...more
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
When you’re in the market for a fresh haircut or a new restaurant, innumerable business and product reviews are available to guide you towards a cleaner trim or tastier takeout. But what happens when the reviewer is not an...more
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more
After Ninth Circuit review, it remains to be seen whether a nutritional supplement maker can claim that ginkgo biloba leaf extract and vinpocetine supplements improve “alertness,” “mental clarity, and memory” in the face of...more
If you were shopping for snack crackers and saw Cheez-It packages that looked like the ones shown here, how much whole grain content would you think the crackers contain – a little, a lot, all of it? The Second Circuit...more
This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more
In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule...more
An opinion issued by the U.S. Court of Appeals for the First Circuit on February 20, 2015 held that the Federal Food, Drug, and Cosmetic Act (“FDCA”) preempted claims that Lexapro’s U.S. Food and Drug Administration (FDA)...more
According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will not immunize such statements containing such claims from false advertising...more
Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm where the advertisements were literally false, the U.S. Court of Appeals for...more
The District of Columbia Circuit Court of Appeals handed the Federal Trade Commission a critical win on January 30, 2015 by affirming the Commission’s January 2013 decision holding POM Wonderful LLC in violation of the FTC...more
The California Court of Appeals recently held that the Federal Arbitration Act (“FAA”) preempts California’s Broughton-Cruz rule, which states that arbitration agreements for injunctive relief under California’s unfair...more
Arizona has joined two other states in applying its consumer fraud law to pharmaceutical manufacturers. The Arizona Court of Appeals decision came in a products liability action against Medicis Corporation, related to a...more
On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various...more
On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed...more
Merck Eprova AG v. Gnosis S.p.A., et al. - Clarifying applicable presumptions in Lanham Act false advertising cases, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s use of presumptions of...more
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been...more