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Advertising Federal Trade Commission (FTC) Deceptive Intent

IMS Legal Strategies

Best Practices for Materiality Surveys in False or Deceptive Advertising Cases

IMS Legal Strategies on

This article provides an overview of materiality’s important role in false and deceptive advertising law, centered around the role of consumer surveys. It explains the legal requirements for materiality under different...more

ArentFox Schiff

Let’s Just Be Friends: When “-Friendly” is More Than Mere Puffery

ArentFox Schiff on

“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more

Hinch Newman LLP

Ad Agency Liability and the FTC

Hinch Newman LLP on

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

Proskauer - Minding Your Business

Fake it Until You Pay For It: The FTC Proposes New Rule Banning Fake Reviews and Testimonials

At the end of June 2023, the FTC proposed a new rule targeted at deceptive reviews in the marketplace. The proposed rule would prohibit advertisers and marketers from employing illicit review and endorsement practices such as...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 2

Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more

Hinch Newman LLP

Ecommerce Law Attorney on Recent Deceptive Pricing and False Sense of Urgency Lawsuits

Hinch Newman LLP on

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

Cozen O'Connor

FTC Orders Social Media and Streaming Platforms to Outline Efforts to Combat Deceptive Advertisements

Cozen O'Connor on

The FTC issued orders to eight social media and video streaming platforms—Meta Platforms, Inc.; Instagram, LLC; YouTube, LLC; TikTok Inc.; Snap Inc.; Twitter, Inc.; Pinterest, Inc.; and Twitch Interactive, Inc.—requiring them...more

Orrick, Herrington & Sutcliffe LLP

FTC orders refunds over compromised health data

On March 2, the FTC filed a complaint against an online counseling service alleging the respondent violated the FTC Act by monetizing consumers’ sensitive health data for targeted advertising purposes. As part of the process...more

Hinch Newman LLP

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

Hinch Newman LLP on

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

BakerHostetler

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

BakerHostetler on

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more

Venable LLP

Rental Review Roundup: FTC Targets Deceptive “Testi-phony-al” Scheme to Lure Renters to Paid Housing Platform

Venable LLP on

​​​​​​​Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more

Seyfarth Shaw LLP

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

Seyfarth Shaw LLP on

Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2019: Zero Stars: FTC Settles with Skincare Company Over Fake Online Reviews

Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more

Akerman LLP - Marks, Works & Secrets

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Formatting

Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more

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