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ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

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While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Robinson+Cole Data Privacy + Security Insider

Workado Settles With FTC Over Alleged Misrepresentations of AI Accuracy

The Federal Trade Commission (FTC) issued a press release this week announcing that it settled with Workado over alleged misrepresentations of its ability to detect whether content was generated by artificial intelligence...more

Orrick, Herrington & Sutcliffe LLP

Tennessee expands consumer protection against deceptive practices

On April 11, Tennessee enacted HB 911 (the “Act”), amending certain consumer protection measures. The Act introduces changes focusing on deceptive and unfair practices, motor vehicle-related misrepresentations, and regulatory...more

Blake, Cassels & Graydon LLP

Indications relatives à l’origine canadienne des produits : Risques liés à la réglementation et à la responsabilité civile

Les consommateurs canadiens sont de plus en plus favorables à l’idée de privilégier les produits locaux et, par conséquent, scrutent plus que jamais les étiquettes pour connaître l’origine des produits. De leur côté, les...more

Blake, Cassels & Graydon LLP

Maple-Washing: Regulatory and Civil Liability Risks of Calling a Product Canadian

Canadian consumers have become increasingly supportive of buying homegrown products, scrutinizing product labels like never before. At the same time, Canadian businesses are working tirelessly to satisfy the surging demand...more

DLA Piper

ASA Rulings Summary, 13 November 2024 - investment tipples and risqué posters

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In recent rulings we have seen the ASA: (i) issue multiple rulings on the advertising of unregulated investments and (ii) reinforce its stance on gender stereotyping and sexual imagery in ads. The ASA has recently been taking...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 2

"Seek" and You Shall Find … That the FTC Is Closely Watching Potentially Deceptive Claims Designed To Entice Small Businesses - The FTC alleges that a company marketing itself as a leading provider of startup business...more

Orrick, Herrington & Sutcliffe LLP

FDIC updates its signs and advertising requirement Q&As

On December 2, the FDIC updated its Q&As related to its final rule “FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC Name or Logo,” affecting 12...more

Hinch Newman LLP

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

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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

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

BCLP

California Ban on Hidden Fees to Take Effect; Restaurant Exception Passes

BCLP on

A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

Ervin Cohen & Jessup LLP

Los Angeles County Sues Grubhub for Unfair Business Practices and False Advertising

On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - October 2023

Setting Its Sights on Eye Health Supplement, NAD Finds Health Claims Insufficiently Supported Despite Peer-Reviewed Evidence - The National Advertising Division (NAD) recommended that an eye health supplement maker,...more

Hendershot Cowart P.C.

FTC Updates Guidelines for Social Media Endorsements

Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Lease-to-Own Finance Company for Allegedly Deceiving Consumers

On July 19, the CPFB filed a complaint against a lease-to-own finance company, alleging that the company has offered and provided millions of “lease-purchase” and “rental-purchase” financing agreements in ways that have...more

Holland & Knight LLP

A Cautionary Advertising Tale About Creatine and Energy Drinks

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A jury found Vital Pharmaceuticals Inc., maker of Bang energy drink, and its CEO (together, Vital) liable for false advertising under the Lanham Act and awarded Monster Energy Co. (Monster) more than $271 million for damages...more

WilmerHale

FTC Signals Additional Coordination With State AGs

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The Federal Trade Commission (FTC) has brought far more consumer protection enforcement actions in conjunction with state attorneys general’s offices this year, and the trend shows no signs of slowing down. For example,...more

Venable LLP

Rental Review Roundup: FTC Targets Deceptive “Testi-phony-al” Scheme to Lure Renters to Paid Housing Platform

Venable LLP on

​​​​​​​Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more

Ervin Cohen & Jessup LLP

Judge Permits Revised 100% Tuna Claim Against Subway To Proceed On Select Misrepresentation Theories

After succeeding in having “100% tuna” claims dismissed, Subway experienced a setback when a judge in the Northern District of California permitted certain revised claims about Subway Restaurants, Inc.’s tuna products to...more

Ervin Cohen & Jessup LLP

Court Approves $15 Million Settlement in Godiva Product Origin Lawsuit Over Objections from State Attorneys General

On April 20, 2022, a $15 million class action settlement was approved by the court in Hesse, et al. v. Godiva Chocolatier, Inc., over the objections of multiple State Attorneys General. Plaintiffs alleged that the company’s...more

Kilpatrick

Tenth Circuit affirms dismissal of false advertising class action predicated on puffery

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In a recent post, we reported on the Second Circuit’s affirmance of a district court order dismissing a false advertising class action based on alleged misrepresentations that amounted to nothing more than puffery. See...more

Katten Muchin Rosenman LLP

FTC Warns Massive List of US Companies Not to Deceive Consumers With False Endorsements and Reviews

On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more

Dorsey & Whitney LLP

FTC to Brands: We Will Not Tolerate Fake Reviews and Other Misleading Endorsements - Monetary Penalties Are Coming

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The FTC announced that it had sent more than 700 Notice of Penalty Offense letters to major advertisers, leading retailers, large consumer product companies and major ad agencies to put everyone on notice that fake consumer...more

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