Paddle's Payment Predicament: Unpacking FTC's Compliance Crackdown — Payments Pros – The Payments Law Podcast
Tracking Trends in State-Level Consumer Protection Enforcement
Podcast - An Overview of State Attorney General Consumer Protection Enforcement
Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity
Podcast - New Guidance on Complying with FTC Rule on Deceptive and Unfair Fees
State AG Pulse | Massive Google Settlement Shows AGs Serious About Privacy
Consumer Finance Monitor Podcast Episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void - Part 2
Consumer Finance Monitor Podcast Episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void - Part 1
Podcast - Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement
Consumer Finance Monitor Podcast Episode: How to Use the Restatement of Consumer Contracts - A Guide for Judges
Jones Day Talks®: Corporate Fraud Investigations in 2025: Lessons, Trends, and Need-to-Knows
Key Takeaways from Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps
When a co-shareholder purchases the debt obligations of the company without partners' knowledge
Consumer Finance Monitor Podcast Episode: The Impact of the Election on the CFPB: What to Expect with Supervision and Enforcement During Trump 2.0
What to Expect from the New FTC Leadership
The FTC Takes Action Against Grubhub
Auto Finance Under the Microscope: Unpacking Landmark FTC and AG Settlements — Moving the Metal: The Auto Finance Podcast
Hidden Fees in the Live-Event Ticketing and Short-Term Lodging Industries
The CFPB Takes Action Against VyStar Credit Union
12 Days of Regulatory Insights: Day 11 – State AGs on the Antitrust Frontline — Regulatory Oversight Podcast
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
Coterie Baby advertises that its diapers provide “up to 4x more absorbency” and “up to 3x drier skin” compared to “leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this...more
A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more
The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...more
Tempur-Pedic ran ads on social media asking viewers whether they want a mattress “that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more
The National Advertising Division (“NAD”) recently took Total Wireless, a prepaid brand under Verizon, to task for a TV commercial that blurred the lines between two separate offers, leaving consumers potentially confused....more
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
The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more
The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which...more
It’s time for my favorite time of the year, when all the Valentine’s Day candy goes on sale! In honor of this sugary sweet clearance sale, I wanted to recap some of our favorite NAD chocolate cases. So whether you like milk...more
We’re not going to actually wade into that no-win conversation. But there was a Super Bowl ad about whether a company can say it’s the “best” – it even featured a bunch of lawyers. Maybe advertising lawyers, though judging by...more
FTC's Final Junk Fees Rule Narrowed in Scope - On December 17, 2024, the Federal Trade Commission (FTC) released its final Rule on Unfair or Deceptive Fees, commonly known as the "Junk Fees Rule." This final rule has a...more
Survey Says … NAD Finds Realtor.com Claims Supported by Survey Despite Industry Changes - The National Advertising Division (NAD) recently weighed in on the question of whether recent changes in the real estate industry...more
Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little...more
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
BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with...more
Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more
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
NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more
In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more