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Federal Trade Commission (FTC) False Advertising Misleading Statements

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

BakerHostetler

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

BakerHostetler on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Fox Rothschild LLP on

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

Robinson+Cole Data Privacy + Security Insider

FTC Settles With accessiBe For Misleading Statements About WCAG Compliance

The Federal Trade Commission (FTC) announced on April 22, 2025, that it has approved a settlement entered into a Final Order with accessiBe, which claimed its plug-in product, accessWidget, “can make any website compliant...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

Venable LLP

DOJ Dismisses Lawsuit Over COVID Nasal Spray False Advertising

Venable LLP on

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

Klein Moynihan Turco LLP

FTC Takes Aim at Deceptive Earnings Claims

This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

Troutman Pepper Locke on

On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

Hinch Newman LLP on

As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Moritt Hock & Hamroff LLP

CarShield’s $10 Million Lesson: A Tale Of Deceptive Advertising

I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more

Shipkevich PLLC

New Rule Issued by FTC Focuses on Fake and AI-Generated Reviews, Imposes Heavy Civil Penalties

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The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...more

Venable LLP

What’s the FTC “Up To?” Arise Virtual Solutions and the Gig Economy

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Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more

Foley & Lardner LLP

“Science-Washing” in the Beauty Industry: Marketing Do’s & Don’ts

Foley & Lardner LLP on

“Science-washing,” or inaccurately using scientific terms in product marketing to encourage consumption, has become not only a consumer protection issue, but a threat to the reputation and long-term success of brands....more

Hinch Newman LLP

1MM FTC Settlement With Online Used Car Dealer Over Alleged Misrepresentations and Failing to Deliver on Time

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On July 2, 2024 the Federal Trade Commission announced that it initiated action against online used car dealer Vroom for allegedly misrepresenting that it thoroughly examined all vehicles before listing them for sale and...more

Hinch Newman LLP

First Case Where FTC Charges Company in Gig Economy With Violating the Business Opportunity Rule

Hinch Newman LLP on

On July 2, 2024, the Federal Trade Commission announced that it is taking action against a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and marketing its...more

ArentFox Schiff

Let’s Just Be Friends: When “-Friendly” is More Than Mere Puffery

ArentFox Schiff on

“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more

Hinch Newman LLP

Ad Agency Liability and the FTC

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Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more

Hinch Newman LLP

When a Company Can be Liable to the FTC for Participating with Another Company in Misconduct

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The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For...more

Venable LLP

Unraveling a Tangled Net of Claims: Jury Split on a Jellyfish-Derived Supplement Product

Venable LLP on

In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary...more

Davis Wright Tremaine LLP

Claims Must Be Substantiated — It Seems So Obvious, but the Who, What, Where, and How Is Not Always So Clear

When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

Jones Day on

On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

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