News & Analysis as of

Advertising Coronavirus/COVID-19 False Advertising

Venable LLP

DOJ Dismisses Lawsuit Over COVID Nasal Spray False Advertising

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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

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - September 2023

Wellness claims are everywhere. Do they work? Ah, wellness! Such a positive word! Such a noble aspiration for all of us! And such an opportunity for hucksters, hokum and high jinks in the eternal battle to separate...more

King & Spalding

2022 Year in Review: FDA Drug and Device Advertising and Promotion Enforcement

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In 2022, the U.S. Food and Drug Administration (FDA or the Agency) issued a total of nine enforcement letters targeting advertising and promotion violations for prescription drugs and devices.  A summary of the noteworthy...more

Sheppard Mullin Richter & Hampton LLP

FTC Order: Auto Marketing Company and Owner Banned From Industry for Misleading Consumers

On January 28, the FTC announced that it banned an automotive marketing company and its owner from the auto industry for the next twenty years for allegedly engaging in unfair and deceptive practices in violation of the FTC...more

BakerHostetler

AD-ttorneys@law – May 2021 #2

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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

Womble Bond Dickinson

Can hashtags get you in trouble?

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They can if you operate in a regulated industry, such as pharma, med devices, cannabis, dietary supplements, etc. FDA has specific labeling requirements for products and they look at hashtags related to products the same...more

Rivkin Radler LLP

CBD Health Claims Raise FTC’s Hackles (And Prompt Class Action Suits)

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Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could...more

Cozen O'Connor

1st Amendment Win For Credit Card Surcharges| Texas Sues Over Electricity Bills | Dodgy COVID Fees

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2022 AG Elections- Former South Dakota Attorney General Steps Back into Contention for AG’s Office- •Marty Jackley, who formerly served as U.S. Attorney for South Dakota, South Dakota AG, and President of the National...more

Proskauer - Advertising Law

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Proskauer Rose LLP

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

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Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Arnall Golden Gregory LLP

I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - Pandemic Marketing 101: Do’s and Don’ts to Market Your...

AGG partner Anuj Desai and of counsel Carolina M. Wirth discuss the Federal Trade Commission (FTC) and Food and Drug Administration's (FDA) roles of protecting consumers at the height of a public health crisis and the types...more

BakerHostetler

AD-ttorneys@law – November 2020 #3

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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

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week - August 2020

FTC Says Auto Marketing Co.'s Deceptive COVID Stimulus Ads Violate Fed Law - An automotive marketing company previously accused of bait-and-switching consumers with false promises of federal COVID-19 relief is now also facing...more

Hudson Cook, LLP

AFSA Extra Credit Podcast: Navigating Advertising During COVID-19

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Advertising during a global pandemic and social justice movement triggers an increased level of regulatory risk and reputational harm. Regulators moved quickly to interrupt bad actors that took immediate advantage of...more

BakerHostetler

AD-ttorneys@law – July 2020 #1

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FTC (Not) Blinded by the Light - In a first, Commission goes after low-level light therapy device makers - Chic-Light -The Willow Curve is an attractive device with all the hallmarks of contemporary design. ...more

Smart & Biggar

Canada cracks down on COVID-19 related product advertising claims

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COVID-19 has resulted in the launch of numerous new products, as well as numerous new claims about existing products. Products can be classified as drugs (including natural health products and hard surface disinfectants) or...more

Hudson Cook, LLP

Georgia AG Warns Against Deceptive Advertising Related to COVID-19 Stimulus Payments

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The COVID-19 situation has turned everything on its head. Most retail commerce is shut down, many are working from home, and it has become commonplace to plausibly forget whether today is a Monday or a Friday. Despite all the...more

BakerHostetler

AD-ttorneys@law - April 2020 #5

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Wait, Wait, Wait! Creekside Squeaks by With Last-Minute Advertiser Statement - FTC referral from NAD has remarkable mind-focusing benefits, it seems - Inquisition - Back in February, before the world changed, we covered a...more

BakerHostetler

AD-ttorneys@law - April 2020 #4

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Industry Groups Commend FDA Action on Corona Scams - Four heavy-hitters in the supplement game make it clear how - Letter About Letters - If the types of scammers that would profit from dubious coronavirus cures had the...more

Blake, Cassels & Graydon LLP

Busting the Myths: False and Misleading Advertising Amid COVID-19

With rising concerns about the global spread of COVID-19, there is an unprecedented demand for certain health products. Governments around the world are looking for fast and alternative ways to source key products and...more

Pillsbury - Internet & Social Media Law Blog

How Far Is Too Far When Marketing Your Product for COVID-19?

Society is driven by word-of-mouth endorsements. Likewise, it’s instinctive to share self-prescribed remedies that alleviate our various ailments. A colleague recommends ginger tea for a cold. A friend tells you how lavender...more

BakerHostetler

AD-ttorneys@law - April 2020 #2

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Journal to CBD Manufacturers: Don’t Be an Outlaw - Anyone creating CBD products should grok FDA guidance, even if the market still feels like the Wild West - Dry Powder - Cannabidiol (CBD) and CBD-derived products are...more

BakerHostetler

AD-ttorneys@law – April 2020 #1

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FTC Makes Coronavirus Readiness Announcement - Not quite business as usual, but response seems confident - Meddling With the Primal Forces of Nature - The United States, and its partners in industry and technology...more

BakerHostetler

COVID-19 Update: FTC and States Combat Scams, Price Gouging and Deceptive Ads

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We recently blogged about regulatory warning letters and a consumer class action stemming from consumer-facing advertising related to the coronavirus. Today, we write to provide updates on state and federal efforts to protect...more

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