Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies
AD Nauseam: The Best Podcast (Fact or Puffery?)
Law Brief®: The Theranos Trial
PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
Deepfakes and Disinformation: The World of Manipulated Media
AFSA Extra Credit Podcast: Navigating Advertising During COVID-19
Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications
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
On August 25, 2025, the Federal Trade Commission filed a complaint against Air AI, alleging the company and its owners made overblown claims about the availability and capabilities of its artificial intelligence (AI) tools to...more
In November 2023, a collection of consumer protection organisations from across the European Union reported several major bottled drinks companies to the European Commission and consumer protection authorities (CPA Network)...more
While securities class action filings are on the rise within the First Circuit, the District of Massachusetts continues to apply a high degree of scrutiny to securities fraud allegations, including particularized facts...more
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
Manufacturers and distributors of convenience and snack foods may not want to wait until a lawsuit is filed to start building litigation defense strategies against the wave of litigation targeting the accessibility and...more
Emails, text messages and other electronic communications are commonplace during a takeover bid. They may be sent to all target shareholders or only to a selected group. To maximise their impact, often these messages are...more
If a registrant agrees to make a disclosure change requested by its SEC staff reviewer, should the registrant’s response letter nevertheless include a disclaimer to the effect that the registrant does not (or does not...more
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
Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without “forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that “most traditional cookware...more
The Ninth Circuit recently decided United States v. Schena, 142 F.4th 1217 (9th Cir. 2025), which considered the Eliminating Kickbacks in Recovery Act (“EKRA”). EKRA, enacted in 2018 to address “body brokering” and other...more
If you have shopped online lately, odds are you saw products proudly advertising themselves as “Made in the USA.” Maybe it was a flag, a pair of boots, or a kitchen gadget. But how often is that label actually true? According...more
On August 20, 2025, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action asserting claims under the Securities Exchange Act of 1934 against a pharmaceutical company and...more
On August 20, 2025, the United States Court of Appeals for the Third Circuit reinstated a class action asserting claims under the Securities Exchange Act of 1934 against a reinsurance company and certain of its executives. In...more
For US-listed public companies, issuing corporate guidance can feel routine—until it isn’t. One overly rosy forecast or offhand comment on an earnings call can turn into plaintiffs’ or regulators’ Exhibit A. For companies...more
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
HCA Healthcare Inc., a major U.S. hospital operator with more than 180 hospitals across 20 states, announced a $3.5 million settlement to address allegations of state consumer protection and labor law violations brought by...more
The National Advertising Division (NAD) recently looked at a complaint over a social media video posted by an influencer. The interesting thing about this case is that the brand didn’t ask for the video to be posted, and the...more
In February 2025, three law firms from Seattle, Minnesota, and New York boldly filed a Class Action Lawsuit against W. L. Gore & Associates, the manufacturer of the well-known rainproof product “Gore-Tex.” The lawsuit,...more
California’s Assembly Bill 489 (“AB 489”) signals more than just a tweak to existing healthcare law—it’s a glimpse into how the next generation of regulation may shape the future of AI development and deployment in...more
On May 21, 2025, the Federal Trade Commission (FTC) finalized a consent order with GoDaddy to settle allegations that the web hosting company misled customers and failed to implement basic data security protections. Although...more
The UK Financial Conduct Authority (FCA) has published a letter dated 31 July, addressed to claims management companies (CMCs) involved with motor finance claims, urging them to review their financial promotions to ensure...more
On August 11, 2025, New Jersey’s Acting Governor, Tahesha Way, signed into law two bills to combat patient brokering and deceptive marketing practices in the Substance Use Disorder (“SUD”) treatment industry. The legislation,...more
As securities class action filings continue to rise in the First Circuit, courts in the District of Massachusetts are setting a high bar for pleadings—especially when it comes to alleged material misrepresentations....more
On July 28, 2025, Judge Jessica G. L. Clarke of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings to dismiss a claim under Section 20(a) of the Securities...more