Tracking Trends in State-Level Consumer Protection Enforcement
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
On today’s episode of AD Nauseam, Amy and Daniel explore how advertisers can substantiate sensory claims—such as taste, smell, and feel—through rigorous testing, with a focus on guidance from the ASTM E1958 standard and...more
As a reformed patent attorney, I’m always excited to explore issues that bridge patent law and advertising law. Patent issues occasionally arise in the ad tech space, especially around innovations in programmatic advertising,...more
This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more
Functional foods designed to promote relaxation, better sleep, and improved mood have exploded in popularity, and chocolate is increasingly the delivery method of choice. Calming confections featuring ingredients like...more
Since the start of the year, Canadian consumers and businesses have rallied behind the “Elbows Up!” movement and are looking to “buy Canadian”. Homegrown goods are in high demand, and origin claims like “Made in...more
P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more
This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more
AI might be transforming the workplace, but companies touting AI-powered tools should proceed with caution. In a recent decision, the National Advertising Division (“NAD”) reviewed Microsoft’s claims about its Microsoft 365...more
“It’s just a giveaway. What could go wrong?” You’d be surprised. A fun marketing initiative can quickly become a legal headache. Behind every good sweepstakes is a legal minefield—one that many brands don’t recognize...more
The regulatory landscape for consumer-packaged goods (CPG) brands is shifting, with artificial food dyes emerging as a central focus of both state and federal scrutiny. Recent actions by the federal and state governments,...more
Plaintiff Scraps False Ad Suit Claiming Joe Rogan's "Alpha Brain" Deceives Consumers - So long, Alpha Brain false advertising lawsuit—we hardly knew ye. And now that the parties in the lawsuit alleging that controversial...more
On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Chairman Ferguson noted that in a recent poll, 61% of Americans stated that whether a product was “Made in USA” played a factor in their...more
We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he...more
Coterie Baby advertises that its diapers provide “up to 4x more absorbency” and “up to 3x drier skin” compared to “leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more
On June 24, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Maryland against Mercury Marketing, LLC, and several affiliated entities and individuals alleging that the...more
In Part 2 of the “Survey Says” series, BakerHostetler partners Amy Mudge, Daniel Kaufman, and special guest Randy Shaheen dive deeper into the design and execution of consumer perception surveys. They explore how to select...more
In a decision underscoring the complexity and risks of making environmental marketing claims, the National Advertising Division (NAD) issued a decision in a challenge brought by the International Bottled Water Association...more
Federal Trade Commission (FTC) chairman Andrew Ferguson has promised vigorous law enforcement under his leadership. Consistent with that promise, on June 10, 2025, the Commission announced a $1.9 million settlement with...more
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Yesterday, we looked at...more
A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more
We love endorsement cases, and we love puffery cases. NAD recently gave us two in one, looking at a claim for TheraBreath mouthwash made by the brand’s founder, Dr. Harold Katz: “It’s a better mouthwash....more
The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more
Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms...more
Clean Beauty Legal Risks Clean beauty claims have become the current "flavor of the month" for consumer class action lawsuits, particularly in California, New York, Florida, and Texas, where plaintiff's bar activity is...more
The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...more