News & Analysis as of

Competition Unfair or Deceptive Trade Practices Consumer Protection Laws

Kelley Drye & Warren LLP

NAD Considers ​“Up To” Qualifiers in Superiority Claims

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

Kelley Drye & Warren LLP

NAD Deflates Disparaging Claims

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​“that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more

Fox Rothschild LLP

After Competitor’s Challenge, Nad Recommends Dreo’s Discontinuance Of Claims Of Being The No. 1 Fan And Heater Brand

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Lasko Products, LLC (“Lasko”) and the Hesung Innovation Corp./DREO Limited (“DREO”) are competitors, both specializing in the fan and heater market. Recently, Lasko filed a Fast-Track SWIFT challenge with the National...more

Blake, Cassels & Graydon LLP

Indications relatives à l’origine canadienne des produits : Risques liés à la réglementation et à la responsabilité civile

Les consommateurs canadiens sont de plus en plus favorables à l’idée de privilégier les produits locaux et, par conséquent, scrutent plus que jamais les étiquettes pour connaître l’origine des produits. De leur côté, les...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - Trump's War on Consumer Protection, Humph(rey)

We have been following closely developments with the Consumer Financial Protection Bureau (“CFPB”) and the Trump/Musk administration (see here and here), and while we have a few updates on the CFPB, Trump and Musk have taken...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Number 1” Claims Can be Qualified

DREO advertises that it is the ​“No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the ​“number 1” brand in both of those categories. Because there can’t be two ​“number 1”...more

Kelley Drye & Warren LLP

NAD Combs Through #1 Claims

Simpler Hair Color (or ​“SHC”) advertises that its products are ​“Rated #1 Men’s Hair Color” and ​“Rated #1 Men’s Hair & Beard Color” based on ​“Trustpilot​.com verified reviews.” Combe, a competitor, challenged the #1 claims...more

Blake, Cassels & Graydon LLP

Maple-Washing: Regulatory and Civil Liability Risks of Calling a Product Canadian

Canadian consumers have become increasingly supportive of buying homegrown products, scrutinizing product labels like never before. At the same time, Canadian businesses are working tirelessly to satisfy the surging demand...more

BakerHostetler

Consumer Brands Association CPG Legal Forum 2025

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Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum....more

McCarter & English, LLP

Federal Trade Commission Launches an Inquiry into Censorship by Big Tech Platforms

On February 20, 2025, the Federal Trade Commission (FTC) initiated a public inquiry regarding whether any technology platforms, including social media, communications, and other internet service providers, have violated the...more

Kelley Drye & Warren LLP

What’s Next for the Green Guides? Insights from Commissioner Holyoak’s Remarks at CPG

Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more

Wilson Sonsini Goodrich & Rosati

FTC on the Job: Chairman Ferguson Announces Labor Task Force

Since at least the October 2016 publication of the Federal Trade Commission’s (FTC) and U.S. Department of Justice’s (DOJ) joint Antitrust Guidance for Human Resource Professionals, federal antitrust enforcers have...more

Awatif Mohammad Shoqi Advocates & Legal...

Understanding the New Competition Law in the UAE

Introduction: The UAE has introduced a new competition law and abrogated the old competition law, federal law No. 4 of 2012. The new federal decree law No. 36 of 2023 on the regulation of competition sets forth competition...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

Hogan Lovells

FTC opens discussion on “Technology Platform Censorship”

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The FTC recently requested public comment “to better understand how technology platforms deny or degrade (such as by ‘demonetizing’ and ‘shadow banning’) users’ access to services based on the content of the users’ speech or...more

Wiley Rein LLP

FTC Seeks Comment on Tech Content Moderation Policies

Wiley Rein LLP on

Federal Trade Commission (FTC) staff announced a Request for Information (RFI) on February 20 seeking public comments on “how consumers may have been harmed by technology platforms that limited their ability to share ideas or...more

Morgan Lewis

New UK Consumer Protection Regime to Go Live in April 2025

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The Digital Markets, Competition and Consumers Act 2024 is set to transform the UK’s consumer protection regime by empowering the Competition and Markets Authority to impose penalties of up to 10% of global group turnover for...more

Davies Ward Phillips & Vineberg LLP

The Canadian Competition Bureau’s Draft Guidance for Going Green

In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...more

Fox Rothschild LLP

In Victory for Auto Dealers, Federal Court Strikes Down FTC’s CARS Rule

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Auto dealers nationwide received good news Monday when the Fifth Circuit Court of Appeals struck down the CARS Rule, a set of regulations passed by the Federal Trade Commission (FTC) that would have imposed cumbersome...more

BakerHostetler

The End of the Khan Era

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After much conversation, it is now official. Andrew Ferguson is the new chair of the Federal Trade Commission and Lina Khan is not, though she remains until January 31....more

Axinn, Veltrop & Harkrider LLP

FTC and State AGs File “Right to Repair” Lawsuit Against Deere & Co.

Last week, the FTC and the Illinois and Minnesota Attorneys General brought suit against Deere & Company (Deere) challenging allegedly unfair equipment repair restrictions, which they claim resulted in higher equipment repair...more

Venable LLP

Welcome to the New Federal Trade Commission! But First, a Look Back at FTC Rulemaking

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With the Biden-Harris administration and Federal Trade Commission (FTC) Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan’s ambitious agenda led...more

Mintz - Health Care Viewpoints

EnforceMintz — Don’t Forget Your Other Regulators: Consumer Protection Enforcement in Health Care Markets

When considering the health care enforcement landscape in 2024 and where it might be headed in 2025, we would be remiss if we did not address the enforcement activities of state and federal agencies beyond those typically...more

Kelley Drye & Warren LLP

NAD Hears a Dispute Between Two Big (or Maybe Medium) Guys

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

Pillsbury - Internet & Social Media Law Blog

The UK Introduces Tougher Penalties for Consumer Protection Breaches

In May 2024 the UK passed the new Digital Markets, Competition and Consumers Act (DMCC). Amongst other changes, the DMCC grants the UK Competition and Markets Authority (CMA) new powers to directly impose fines of up to 10%...more

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