News & Analysis as of

False Advertising Federal Trade Commission (FTC) Unfair or Deceptive Trade Practices

Kilpatrick

“Up To” Claims, Superiority Claims Versus Unnamed “Leading Brand,” and Influencer Disclosure Obligations

Kilpatrick on

The National Advertising Division (“NAD”) issued a new decision addressing a number of basic advertising law staples: “up to” claims, comparative superiority claims, and apples-and-oranges comparisons....more

Hinch Newman LLP

How to Avoid Scrutiny When Advertising or Labeling Made in USA

Hinch Newman LLP on

In 1997, following consumer research and public comments, the FTC published an Enforcement Policy Statement on U.S. Origin Claims to guide marketers and manufacturers that want to make an unqualified Made in USA claim under...more

Hudson Cook, LLP

FTC Issues Final Order Against AI Developer Over False Accuracy Claims in AI Content Detection

Hudson Cook, LLP on

On August 21, 2025, the Federal Trade Commission (FTC) issued a final Decision and Order against an artificial intelligence (AI) developer (the "Company"), concluding an enforcement action first announced in April 2025....more

Hinch Newman LLP

Primer on New York General Business Law Sections 349 and 350: Deceptive Acts and False Advertising

Hinch Newman LLP on

In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State Senate and State Assembly.  The...more

Troutman Pepper Locke

FTC Orders Match Group to Pay $14M Over Alleged Deceptive Subscription Practices and Guarantee Claims

Troutman Pepper Locke on

On August 12, the Federal Trade Commission (FTC) ordered Match Group, owners and operators of online dating platforms such as Match.com, OkCupid, PlentyOfFish, The League, and others, to pay $14 million. This settlement...more

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

DLA Piper

FTC’s Latest AI-washing Case: A Focus on Agentic AI and Productivity Claims

DLA Piper on

On August 25, 2025, the Federal Trade Commission (FTC) announced a new AI-washing case against Air AI, a company selling business coaching and support services. The FTC alleged that the company made deceptive marketing claims...more

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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

IMS Legal Strategies on

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

Cozen O'Connor

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

Cozen O'Connor on

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

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

Loeb & Loeb LLP on

The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

Hudson Cook, LLP

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

Hudson Cook, LLP on

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

Foley & Lardner LLP

Health Care Marketing Enforcement: FTC Targets Telehealth Company for Deceptive Weight Loss Marketing Claims

Foley & Lardner LLP on

On July 14, 2025, the operators of telemedicine company Southern Health Solutions, Inc., doing business as Next Medical and NextMed, agreed to settle the Federal Trade Commission’s (FTC) charges that the company’s weight‑loss...more

Troutman Amin LLP

WHOA! MASSIVE $140 MILLION JUDGMENT AGAINST ASSURANCE IQ: FTC Slams Assurance IQ for Misleading Health Plan Marketing in Violation...

Troutman Amin LLP on

The FTC announced today a $100 million judgment against Assurance IQ for alleged deceptive practices targeting consumers seeking health insurance. The FTC initiated the complaint, FTC v. Assurance IQ LLC, U.S. District Court,...more

Katten Muchin Rosenman LLP

FTC Request for Information Regarding Gender Affirming Care

On July 9, 2025, the Federal Trade Commission (“FTC”) hosted a workshop to discuss unfair and/or deceptive trade practices in gender affirming care (“GAC”) for minors. During this webinar, the FTC indicated it would be...more

BakerHostetler

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

BakerHostetler on

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

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

Venable LLP

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

Venable LLP on

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

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

Wiley Rein LLP on

FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 1

BakerHostetler on

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

Miller Canfield

Costly Claims: Corporations Confront the Consequences for Improper “Made in the USA” Claims

Miller Canfield on

The Made in the USA label carries significant marketing weight, especially in today’s political landscape, but it also comes with legal risks. Federal regulators and class action attorneys are scrutinizing origin claims,...more

Venable LLP

Lead Generation Scams in Healthcare: FTC Files Case Against Impersonator Ads

Venable LLP on

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

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

Venable LLP on

In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Troutman Pepper Locke

FTC and Nevada AG Accuse ILM of Deceptive Advertising

Troutman Pepper Locke on

Nevada Attorney General (AG) Aaron D. Ford recently announced that the State of Nevada and the Federal Trade Commission (FTC) have filed a suit against IYOVIA. IYOVIA currently operates under the brand names IM Mastery...more

237 Results
 / 
View per page
Page: of 10

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide