News & Analysis as of

Federal Trade Commission (FTC) Truth in Advertising Advertising

BakerHostetler

Legally speaking, what is a Labubu?

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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

Warner Norcross + Judd

Despite Administration’s Policies and Goals, “Made in the USA” Claim Requirements Have Not Changed

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While the current Trump administration has taken multiple actions to prioritize American manufacturers and products, it is important to remember that the requirements to make a “Made in the USA” claim in your advertising has...more

Kelley Drye & Warren LLP

NAD Combs Through #1 Claims

Simpler Hair Color (or ​“SHC”) advertises that its products are ​“Rated #1 Men’s Hair Color” and ​“Rated #1 Men’s Hair & Beard Color” based on ​“Trustpilot​.com verified reviews.” Combe, a competitor, challenged the #1 claims...more

BakerHostetler

NAD Keeps It Real: Recommends Modification of Reality TV Ambassadors’ Posts to Clearly Disclose Material Connection to Clothing...

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The National Advertising Division (NAD) of the Better Business Bureau is just like us! They seem to watch “Love Island” and maybe even “Too Hot to Handle” (#blushing) if the latest news is any indicator....more

Fox Rothschild LLP

Advertising Highs & Lows

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Intuit, Inc. certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Just a few...more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

BakerHostetler

AD-ttorneys@law - March 2023 #2

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There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Kilpatrick

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

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Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more

Perkins Coie

FTC Proposes Updated Guidance for Influencer and Consumer Review Programs

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To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in...more

BakerHostetler

AD-ttorneys@law - December 2021 #2

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China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more

Perkins Coie

Sustainability Advertising: Key Takeaways

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Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation....more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review

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Are you interested in learning the best way to advertise and promote your product and services in the competitive marketplace? On the latest episode of Trending Now - An IP Podcast, Ed White and Rob Van Arnam discuss how best...more

Ballard Spahr LLP

Upcoming FTC Workshop to Address Advertising and Data Security

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On October 29, 2020, the Federal Trade Commission (FTC) will host a virtual workshop entitled, “Green Lights & Red Flags: FTC Rules of the Road for Business.”  The workshop will cover a broad array of topics within the FTC’s...more

Hanzo

Regulatory Compliance on the Web: What Your Website Needs

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Your website is an important part of your business. Chances are, you’re investing both time and money to ensure that it attracts customers and satisfies their needs so that they decide to do business with you. Now that the...more

Perkins Coie

Sustainability in Advertising Law

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Brands continue to build their sustainability and environmental marketing programs in response to consumer demand. A recent report found that nearly eight out of ten consumers are making sustainability-based purchase choices....more

BakerHostetler

AD-ttorneys@law

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Smells Like Mean Spirit? Bargain airline sued over Shortcut Security line - Bare Boned - If your company’s brand is all about the bargain, you can expect some to identify your company with cheaper services and the...more

Sheppard Mullin Richter & Hampton LLP

“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews

Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having...more

BakerHostetler

AD-ttorneys@law

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Latest Round of FTC CBD Letter-Writing Campaign Has Anonymous Pen Pals - Three companies get talking-to over CBD health claims - Ambitious! Three unnamed companies were on the receiving end of firm but undoubtedly...more

BakerHostetler

AD-ttorneys@law

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Adhesive company rejects NAD and NARB recommendations - Sticky Businesses - Back in February 2019 – my, has the time flown – we told you about a dispute before the National Advertising Division between J-B Weld,...more

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week

Truth In Advertising Says “Your Super” Is Running Afoul of FDA - Another day, another supplement company violating FDA rules, at least according to a recent investigation conducted by TruthInAdvertising.org (TINA)....more

BakerHostetler

AD-ttorneys@law

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Twilio Settles Allegations of No-Consent Recordings - Class action is another symptom of California’s privacy push - The Conversation - Quick show of hands ? how many of you out there have thought about...more

International Lawyers Network

1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use in Search Engine Marketing

The Federal Trade Commission (FTC) recently decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors to settle claims that the competitors’ online search advertising infringed on 1-800...more

Kelley Drye & Warren LLP

FTC Asked to Investigate Use of Influencers to Market Vodka

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Earlier this week, Truth in Advertising (or “TINA.org”) sent a letter to the FTC urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. According to the letter, TINA.org collected...more

Perkins Coie

Hot Ad Law Topics for the New Year

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Don’t let the new year be ruined by U.S. class actions, regulatory enforcement actions, or competitor claims. Here are five ad law takeaways for brand and legal teams to consider as 2019 approaches....more

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