News & Analysis as of

Advertising Misleading Statements

A&O Shearman

UK FCA urges CMCs to review financial promotions regarding motor finance claims

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The UK Financial Conduct Authority (FCA) has published a letter dated 31 July, addressed to claims management companies (CMCs) involved with motor finance claims, urging them to review their financial promotions to ensure...more

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

BakerHostetler

FTC Alerts Advertisers and Digital Platforms About Misleading MUSA Claims

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There is nothing new about companies providing platforms for other companies to sell their wares. That is, after all, exactly what supermarkets do, and TV and radio networks have long run ads for other companies. The rise of...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 12

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

Troutman Pepper Locke

Texas AG Spurs National Reform for General Mills

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Texas Attorney General (AG) Ken Paxton announced that General Mills has agreed to remove petroleum-based artificial dyes from its cereals and school food products throughout the U.S. by summer 2026, and from its entire U.S....more

Kerr Russell

May I Use Patient Information to Respond to Internet Criticism?

Kerr Russell on

Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me...more

Holland & Knight LLP

Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines...more

Mintz

Canada Refines Focus on Greenwashing Prosecutions

Mintz on

Recently, the Canadian Competition Bureau published updated guidelines concerning its approach to environmental claims following last year's amendments to Canadian law that specifically targeted greenwashing. These...more

BakerHostetler

[Podcast] AD Nauseam: I Want to Break Free – Free Claims!!

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In this episode of AD Nauseam, Amy Mudge and Daniel Kaufman explore the complexities of advertising “free” offers, emphasizing the importance of transparency and compliance with FTC guidelines. They discuss how the term...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 11

Native Deodorant False Ad Dismissed As Court Finds Plaintiff's Contradictions Don't Pass the Smell Test - A proposed class action alleging that Native Deodorant falsely advertises its "natural" deodorant as offering...more

Gardner Law

FDA’s Latest Untitled Letter: An Enforcement Tell?

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FDA’s Office of Prescription Drug Promotion (OPDP) is active throughout each year issuing letters challenging promotional labeling they deem noncompliant. Any communication from FDA regarding a promotional claim they disagree...more

Kelley Drye & Warren LLP

NAD Finds Advertiser Responsible for Influencer Post it Didn’t Request

A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...more

Seyfarth Shaw LLP

Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation...

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The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million....more

Fox Rothschild LLP

FTC: Be Precise and Accurate With Your Advertising or Beware

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The Federal Trade Commission is taking a hard look at marketing and advertising statements, making sure they are precise and accurate. Here are some key takeaways from recent enforcements:...more

Kelley Drye & Warren LLP

Washington Supreme Court Expands Scope of Anti-Spam Law

Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more

Kelley Drye & Warren LLP

NAD Decision Addresses Review Claims

Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: ​“210,000+ 5-star reviews of Rascals Products.” P&G thought...more

Foster Garvey PC

BOGO & Discount Pricing: Are You at Risk of a Class Action?

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We have noticed a growing trend of class actions suing businesses over pricing practices. Brands and retailers who advertise discounts framing the discount as a bargain off the “regular price” when the business has never...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 7

New Suit Claims "Scientifically False" Pheromone Ads Are "Pure" False Advertising - "It's not myth. It's science." So claims Pure Instinct in its ads for pheromone perfumes. But a new class action lawsuit claims it's not...more

Kilpatrick

Are Your Ads Sending the Wrong Message? Lessons from Total Wireless

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The National Advertising Division (“NAD”) recently took Total Wireless, a prepaid brand under Verizon, to task for a TV commercial that blurred the lines between two separate offers, leaving consumers potentially confused....more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 6

Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more

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

Kelley Drye & Warren LLP

NARB Disagrees with NAD on who the ​“Big Guys” Are

Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ ​“top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a ​“little...more

K&L Gates LLP

Competition and Consumer Law Round-Up: December 2024 – January 2025

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What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 3

FTC's Final Junk Fees Rule Narrowed in Scope - On December 17, 2024, the Federal Trade Commission (FTC) released its final Rule on Unfair or Deceptive Fees, commonly known as the "Junk Fees Rule." This final rule has a...more

Hogan Lovells

Naming and Labelling of vegan and vegetarian products – it's what it says on the tin

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There is an ever-increasing number of consumers who are following a vegetarian or even vegan diet – and with this comes a wide range of vegetarian and vegan foods that can now be found in many supermarkets and restaurants....more

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