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Consumer Protection Laws Advertising False Advertising

Nelson Mullins Riley & Scarborough LLP

FTC Advertising Compliance for Foreign Manufacturers Entering the U.S. Market

As your company prepares to enter the U.S. market, it is essential to understand and comply with the Federal Trade Commission’s (FTC) advertising and labeling regulations. These rules are designed to protect consumers from...more

BakerHostetler

Patent Law Meets Ad Law: Legal Risks of Using ‘Patented,’ ‘Proprietary’ or ‘Exclusive’ in Marketing Claims

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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

Husch Blackwell LLP

Burger King Corp.’s Motion to Dismiss Denied in Deceptive Advertising Class Action Lawsuit

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In Walter Coleman, et al. v. Burger King Corp., No. 22-20925 (S.D. Fla.), a putative class of consumers from thirteen states alleges that Burger King’s advertising for items such as the Whopper materially exaggerates portion...more

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

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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

IMS Legal Strategies

The Value of Consumer Surveys in Class Action Cases

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As savvy plaintiffs and defendants know, the viability of class actions relies on evidence—and surveys are the best way to generate evidence about consumer behaviors or opinions. In class actions, surveys provide evidence to...more

Holland & Knight LLP

Tracking Trends in State-Level Consumer Protection Enforcement

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement. He highlights notable actions by state attorneys general (AGs)...more

IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

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Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more

Cozen O'Connor

FTC and Match Strike $14M Deal over Alleged Deceptive Practices

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The FTC has reached a settlement with Match Group, Inc. and Match Group, LLC (collectively, “Match”)—the owners and operators of online dating services Match.com, OkCupid, PlentyofFish, The League, and other dating sites—to...more

K&L Gates LLP

Washington Supreme Court Increases Risks of Lawsuits for False or Misleading Email Subject Lines

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The Supreme Court of Washington recently clarified the scope of violative practices under the Washington Consumer Electronic Mail Act (CEMA). In Brown v. Old Navy, LLC, the Court ruled 5-4 that CEMA prohibits advertisers from...more

Hudson Cook, LLP

Online Dating Service Agrees to Pay $14 Million to Resolve FTC Lawsuit

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On August 12, 2025, the Federal Trade Commission announced that a large online dating company (the "Company") agreed to stop alleged unlawful practices related to advertising, cancellation, and billing. ...more

Kelley Drye & Warren LLP

Court Considers Whether a ​“Smidgen” is Material in a False Advertising Suit

Feeling a little sluggish, three New Yorkers purchased Logan Paul’s Prime energy drink in hopes of getting a little boost from the advertised 200 mg of caffeine in each can. Perhaps they got more of a boost than expected,...more

Davis Wright Tremaine LLP

Stars, Stripes, and Substantiation: The Boom in "Made in USA" Claims—and Lawsuits

Red, white, and booming: "Made in USA" advertising is having a moment. Brands across industries are leaning into patriotic themes, tapping into consumer enthusiasm for American-made goods, domestic job creation, and a good...more

Kilpatrick

PFAS “forever chemical” cases: allegations dependent on testing must plausibly support theory of liability

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Takeaway: We have written about false advertising cases alleging that consumer products are contaminated with some sort of harmful substance. See, e.g., Federal court dismisses false advertising claims, ruling that studies...more

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 2

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On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 13

Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more

Husch Blackwell LLP

Chocolate Therapy: The Legal Limits of Mood and Sleep Claims in Functional Foods

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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

Fenwick & West LLP

In-Game Purchases: Don't Be A Gold Mine For Plaintiff Trolls

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In-game purchases have become a cornerstone of the mobile video game industry, enabling developers to enhance user experience while generating revenue. However, recent developments signal heightened scrutiny from plaintiff’s...more

Venable LLP

FTC’s Ever-Expanding Remedies Toolkit: GLBA and Impersonation Rule Applied to Debt Relief Scheme

Venable LLP on

On July 14, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Arizona against a group of companies and individuals operating under the “Accelerated Debt” brand, alleging they...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

Holland & Knight LLP

Podcast - Tips for Maintaining FTC Compliance When Using AI

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta shares best practices for compliance with Federal Trade Commission (FTC) rules and regulations when using artificial intelligence (AI)....more

International Lawyers Network

Navigating “Made in Canada” Claims in 2025

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

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

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

K&L Gates LLP

European Union Targets SHEIN Over Consumer Law Breaches: What Online Sellers Must Learn Fast

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In late May 2025, the Consumer Protection Cooperation (CPC) Network and the European Commission (EC) concluded a joint investigation into online marketplace and e-retailer SHEIN. The result? A strong warning shot: Several of...more

Venable LLP

FTC Settles with NextMed Over Deceptive Pricing, Hidden Material Terms, and Fake Reviews and Testimonials in Telehealth Membership...

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This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more

Kelley Drye & Warren LLP

NAD Releases Influencer Trust Index

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

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