News & Analysis as of

Federal Trade Commission (FTC) False Advertising

Hinch Newman LLP

How to Avoid Scrutiny When Advertising or Labeling Made in USA

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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

Ropes & Gray LLP

Greenwashing Legislation Trends: Key Takeaways for Businesses

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On Wednesday, August 27, Ropes & Gray Litigation & Enforcement partner Alexander Simkin and associate Eileen Falk joined Sami Grover, Sustainability Communications Director at thinkPARALLAX, to discuss the intersection...more

Hudson Cook, LLP

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

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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

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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

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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

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

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

Kilpatrick

Greener Pastures—Or Just Greener Claims? NAD Clarifies the Line for Boxed Water’s Wide-Ranging Green Claims

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Can you really say your product is “better for the planet”—or does that claim need a compostable disclaimer? In a sweeping decision on Boxed Water’s green marketing, the NAD once again clarified the boundaries for...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

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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

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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

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

Blank Rome LLP

Federal and State Agencies Ramp Up Scrutiny of the GLP-1 Drug Market

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Overview - As demand for GLP-1 drugs continues to skyrocket, federal and state agencies are turning their attention to the GLP-1 market and ramping up efforts to address the perceived risks associated with counterfeit and...more

Troutman Amin LLP

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

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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

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

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

Hinch Newman LLP

FTC Announces Another Action Against Alleged eCommerce Business Opportunity Violators

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In 2024, FTC compliance lawyer wrote about the first case where the Federal Trade Commission charged a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and...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

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