News & Analysis as of

Online Reviews Advertising False Advertising

Venable LLP

FTC Settles with NextMed Over Deceptive Pricing, Hidden Material Terms, and Fake Reviews and Testimonials in Telehealth Membership...

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This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more

Oberheiden P.C.

Fake Online Reviews and Testimonials: 10 Key Considerations for Avoiding FTC Scrutiny

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Finalized last year, the U.S. Federal Trade Commission’s (FTC) Final Rule on the Use of Consumer Reviews and Testimonials (the “Final Rule”) principally addresses the sale, purchase, and publication of fake online reviews and...more

Fox Rothschild LLP

FTC: Be Precise and Accurate With Your Advertising or Beware

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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

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 7

With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more

BakerHostetler

AD-ttorneys@law - September 2023

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Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

BakerHostetler

Review Hijacking; Abusing Third-Party Marketplaces: FTC Finds Evil in Fairly Common Practices

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You make soap, and you come out with a new scent. Then, due to supply issues, you need to change fragrance manufacturers but are confident the new fragrance is almost identical to the old fragrance. Can you use reviews of...more

Troutman Pepper Locke

FTC and Six States Sue Roomster Over Alleged Deception, Including Fake Reviews

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The FTC and six states allege violations of the FTC Act and various state statutes, prohibiting deceptive trade practices (state UDAP statutes) at a cost of over $27 million to consumers....more

Venable LLP

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

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​​​​​​​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

Wiley Rein LLP

FTC Seeks Comment on Updating Endorsement Guides on Digital Advertising

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On July 26, 2022, the Request for Comment approved by the Federal Trade Commission (FTC or Commission) in May seeking public input on a number of proposed changes to the FTC’s Guides Concerning the Use of Endorsements and...more

BakerHostetler

All Eyes on Us - the Latest FTC Case Involves Contact Lenses plus an Important Lesson About Incentivized Reviews

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Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when...more

Holland & Knight LLP

False Endorsements and Testimonials: The FTC Warns of Civil Penalties in New, Aggressive Enforcement Initiative

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Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2019: Zero Stars: FTC Settles with Skincare Company Over Fake Online Reviews

Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...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

Herbert Smith Freehills Kramer

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

Kelley Drye & Warren LLP

New NAD Decision Addresses Crowdsourced Reviews

The NAD recently determined that Euro-Pro could not support a claim that its Shark vacuum receives “more 5-star online reviews than any other vacuum brand.” To support the claim, Euro-Pro had looked at over 4,000 verified...more

Proskauer - Advertising Law

Nutritious and Judicious: Nutribullet Blender False Ad Claim Survives Attack from Ninjas and Phantom Reviewers

While courts may not officially be in the business of ghostbusting, a district court in California recently offered some support to a blender manufacturer apparently haunted by a phantom reviewer. The court found that...more

Proskauer - New Media & Technology

California Supreme Court Denies Review of Ruling Allowing Restaurant Owner’s False Advertising Claims to Proceed Against Yelp

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed...more

Foley Hoag LLP - Trademark, Copyright &...

How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive...

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments. In March 2014, American Bullion, Inc., which is in the...more

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