News & Analysis as of

Federal Trade Commission (FTC) Marketing

BakerHostetler

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

BakerHostetler on

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

Womble Bond Dickinson

A Practical Guide for Offering Online Contests and Promotions

Womble Bond Dickinson on

The internet is now the primary medium for operators to disseminate online gaming, sweepstakes, and contests to participants worldwide. Opposing moral viewpoints, conflicting statutory interpretations and legal challenges...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

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - October 8th - 9th, Santa...

ACI’s 3rd Annual West Coast Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Product is the must-attend event for cosmetics and personal care professionals looking to navigate the toughest legal,...more

Cozen O'Connor

FTC Nets $145M to Resolve Deceptive Online Health Insurance Marketing Claims

Cozen O'Connor on

The FTC has reached proposed settlements with Assurance IQ, LLC and MediaAlpha, Inc., resolving allegations that the companies misled consumers into buying health insurance plans without the promised coverage and subjected...more

Troutman Amin LLP

JOURNEYS: Genesco, Inc. Sued in TCPA Class Action Over Promotional SMS Messages From Journeys Brand

Troutman Amin LLP on

Interesting new TCPA class action filing. Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop. Per the...more

Troutman Pepper Locke

2025 Mid-Year Review: State AGs in a New Era

Troutman Pepper Locke on

The United States is navigating a new era of regulatory oversight and the balance of power between federal and state regulators following the 2024 election cycle. As federal agencies retreat from and/or realign their...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

DLA Piper

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

DLA Piper on

The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,...more

Lowenstein Sandler LLP

FTC Click-to-Cancel Rule on Hold, but California’s Automatic Renewal Law Remains Intact: What Companies Need To Know

Lowenstein Sandler LLP on

On July 8, the Eighth U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) "click-to-cancel" rule (FTC Rule), which would have required companies to provide customers with an easy, one-click method to...more

Troutman Amin LLP

ANOTHER ONE???: Folsom Insurance Agency LLC Facing Sanctions After TCPA Discovery Loss By #BigLaw Counsel

Troutman Amin LLP on

Good lord another one? I can’t keep up with all the #biglaw losses. I mean, when was the last time ANY #biglaw firm won ANTHING in a TCPA case? My goodness. What a disaster. Here’s another one. In Bond v. Folsom Insurance...more

Kelley Drye & Warren LLP

FTC (and NAD) Celebrate ​“Made in USA” Month

On July 1, 2025, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Chairman Ferguson noted that in a recent poll, 61% of Americans stated that whether a product was ​“Made in USA” played a factor in their...more

Vedder Price

FTC Highlights “Made in the USA” Standards for July

Vedder Price on

The FTC is designating July as “Made in America Month,” and manufacturers in all industries should understand the restrictions they face when marketing their products as produced in the US. The Trump Administration’s tariffs...more

BakerHostetler

Use Caution When Getting All Fire (Crackered) Up with Your Patriotic Posts this July

BakerHostetler on

We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he...more

BakerHostetler

Legally speaking, what is a Labubu?

BakerHostetler on

If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as...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

Hudson Cook, LLP

[Webinar] Compliance Coffee Break: Hot Topics in Debt Settlement - July 8th, 2:00 pm - 2:30 pm ET

Hudson Cook, LLP on

The debt settlement industry is fast emerging as a significant portion of the overall consumer financial services market, yet many still do not understand the space. Please join Hudson Cook partner Cathy Brennan as she...more

Venable LLP

Marketing in Sensitive Sectors: The FTC Prescribes a $1.9 Million Lesson to Evoke Wellness

Venable LLP on

Federal Trade Commission (FTC) chairman Andrew Ferguson has promised vigorous law enforcement under his leadership. Consistent with that promise, on June 10, 2025, the Commission announced a $1.9 million settlement with...more

Holland & Knight LLP

FTC Evaluating Deceptive Artificial Intelligence Claims

Holland & Knight LLP on

The Federal Trade Commission (FTC) has shown a growing interest in scrutinizing deceptive claims related to artificial intelligence (AI). This interest stems from the agency's core mission to protect consumers and ensure fair...more

Kelley Drye & Warren LLP

[Webinar] Navigating the Maze of Influencer Marketing - June 4th, 1:00 pm - 1:30 pm EST

Join Kelley Drye for a fast-paced, practical webinar, “Navigating the Maze of Influencer Marketing.” This 30-minute session will cover what companies need to know to stay compliant with evolving FTC guidance, class action...more

Kelley Drye & Warren LLP

Two New Lawsuits Target Influencer Campaigns

Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms...more

BakerHostetler

[Podcast] AD Nauseam: Phyllis!

BakerHostetler on

In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

Weintraub Tobin on

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

Weintraub Tobin on

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

McGuireWoods LLP

Companies Moving Manufacturing to U.S. Must Be Careful of “Made in USA” Rule and Guidance

McGuireWoods LLP on

The Trump administration declared “Made in America” to be “an economic and national security priority of this Administration” and has taken steps through tariffs and other means to encourage American manufacturing. Companies...more

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