News & Analysis as of August 12, 2025

Marketing

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Alaska Obtains Six-Figure Civil Penalty in Product Labeling Case

Troutman Pepper Locke on 3/28/2025

Alaska’s Department of Law’s Consumer Protection Unit recently announced it obtained a Superior Court order issuing a $250,000 civil penalty against B. Merry Studio, which the state alleged to have marketed products as being...more

Food and Beverage Litigation and Regulatory Update - December 2024

Shook, Hardy & Bacon L.L.P. on 12/24/2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Top Advertising Law Developments in 2023

Kelley Drye & Warren LLP on 12/26/2023

If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

Chargebacks911 Settlement Highlights FTC and AG Scrutiny of Chargeback Mitigation Practices

Kelley Drye & Warren LLP on 11/10/2023

This week, the FTC and Florida AG announced a settlement with Chargebacks911, a chargeback mitigation company that touted its ability to help companies respond to and reverse consumer credit card disputes. The FTC and Florida...more

FTC Explores Recycling Claims, Updates to Green Guides and Pending Rulemakings

Hinch Newman LLP on 6/5/2023

On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that...more

Dressed to kill: Greenwashing litigation continues to challenge fashion retailers' sustainability claims

Eversheds Sutherland (US) LLP on 6/2/2023

Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more

Federal Trade Commission's Glass Door into the (Made in) USA

Holland & Knight LLP on 1/27/2023

The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more

Managing Legal Risk in Marketing and Advertising: 5 Things Companies Should Know

Orrick, Herrington & Sutcliffe LLP on 1/24/2023

Most companies follow a few key rules to market their offerings: Advertisements should be truthful and should not mislead consumers. Advertisements and the products being marketed should not harm consumers. Advertisers...more

Marketing & advertising tips, traps and trends for 2023

Smart & Biggar on 1/19/2023

This article highlights key tips, traps and trends for advertisers for the coming year. Though Canadian law is referenced, the concepts have global relevance. The term “dark patterns” was first coined over a decade ago but...more

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

Venable LLP on 11/18/2022

Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

FTC Takes Action Against Purported COVID-19 Supplement

Fox Rothschild LLP on 11/2/2020

Since the COVID-19 pandemic began, the Federal Trade Commission (FTC) has cracked down on companies purporting to sell products that can alleviate or prevent symptoms of COVID-19. Recently, the FTC announced its approval of a...more

COVID-19 Client Primer | Consumer Protection Enforcement Challenges in the Age of COVID-19

Shook, Hardy & Bacon L.L.P. on 4/25/2020

The Federal Trade Commission (FTC), in its mission to protect consumers from deceptive and unfair commercial practices, has been particularly vigilant during the COVID-19 pandemic because of an expected increase in outright...more

FTC Issues New Guidelines for Social Media Influencers, Brands

Brownstein Hyatt Farber Schreck on 1/28/2020

By the end of 2019, social media advertising spend exceeded print advertising spend for the first time, according to projections issued by the Zenith media agency. In late 2019, Facebook reported that over 140 million...more

Marketing your brand with influencers? Make sure the FTC hits the “Like” button

Coblentz Patch Duffy & Bass on 9/28/2016

Brand owners and their attorneys are grappling with an important question: how to disclose their connections to luminaries like PewDiePie. If you haven't heard of PewDiePie, don't worry—he's a 26-year old Swedish...more

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

Cooley LLP on 11/11/2015

On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more

State Attorneys General Bringing Actions Under Dodd-Frank

Baker Donelson on 8/5/2014

As the CFPB celebrates its three-year anniversary, the current trend appears to be lawsuits brought by state attorneys general or state regulators pursuant to their authority under Dodd-Frank Section 1042. Under Section 1042,...more

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