Latest Posts › Advertising

Share:

FTC Issues Final Rule Banning Fake Reviews and Testimonials

The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more

The FTC’s Proposed Rule Banning Fake Consumer Reviews and Testimonials: An Update

The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024. Three parties who...more

FTC Obtains Largest Civil Penalty for False Made in USA Claims

The Federal Trade Commission (FTC) has announced that it has obtained a $2 million civil penalty from tractor maker Kubota North America for falsely labeling thousands of its replacement parts as being “Made in USA.” Under a...more

When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

What’s Next for the FTC’s Proposed Rule Banning Fake Reviews and Testimonials?

The Federal Trade Commission (FTC or Commission) received 105 comments from the public on its proposed trade regulation rule to prohibit marketers from using unfair or deceptive practices involving consumer reviews and...more

[Webinar] AI-Driven Ad Creation—Best Practices for Mitigating Legal Risk - September 28th, 12:00 pm - 1:00 pm PT

Generative artificial intelligence (AI) can be a powerful tool to create and enhance advertising campaigns, but it is important to ensure that the ads are legally compliant. Using AI merely to help brainstorm new ideas...more

National Advertising Review Board Recommends That JBS Discontinue Net Zero Claims

The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by...more

Guidelines for Creating Ads Using AI

Generative artificial intelligence (AI) can be a powerful tool to create and enhance advertising campaigns, but it is important to ensure that the ads are legally compliant. Generative AI, a type of AI that can create new...more

FTC Warns Almost 700 Advertisers: Substantiate Your Claims or Face Civil Penalties

The Federal Trade Commission (FTC) has put hundreds of advertisers on notice that they should avoid misleading consumers with ads that make product claims that cannot be substantiated. In notices sent to approximately 670...more

Recent AI Developments And The Practice Of Law—An Update

There have been many recent artificial intelligence (AI) developments over the past several weeks that impact the practice of law. Since my article “Recent AI Developments—Can AI Replace Attorneys?” was published on March 14,...more

Recent AI Developments—Can AI Replace Attorneys?

I asked ChatGPT why truth in advertising is important. Here is the result. In today’s world, advertising is an integral part of our lives. We are exposed to a plethora of ads every day, from billboards to social media....more

NAD Finds Net Zero Claims by JBS Unsupported

Consumers increasingly purchase products based in part on the environmental benefits claimed by advertisers. In a recent decision, the National Advertising Division (NAD) of BBB National Programs stated: “Consumers eager to...more

2022 FTC and NAD Roundup

2022 has proven to be an interesting year at the Federal Trade Commission (FTC or Commission) and the National Advertising Division (NAD). Below is a roundup of some of the highlights from the FTC and the NAD this past year,...more

CARU Determines Primark’s Advertising Furthers Negative Gender Stereotypes

The Children’s Advertising Review Unit (CARU) of BBB National Programs has recommended that Primark US Corp. (Primark) modify its children’s products and their associated advertising messages to not violate CARU’s recently...more

FTC Proposes Major Updates to the Endorsement Guides

The Federal Trade Commission (FTC) unveiled its proposed updates to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides or Guides) at its recent open meeting on May 19,...more

NAD Recommends P&G Discontinue Claim that Olay “Improves Skin 3X Better” than Leading Body Wash

The National Advertising Division (NAD) of BBB National Programs has recommended that The Procter & Gamble Company (P&G) discontinue the claim that Olay Premium body wash “improves skin 3X better” than the leading body wash....more

Online Fashion Retailer Fined by FTC for Suppressing Negative Reviews

The Federal Trade Commission (FTC) has fined online fashion retailer Fashion Nova $4.2 million to settle allegations that the company blocked negative reviews of its products from being posted on its website. The FTC said...more

NAD Suggests Comcast Discontinue ‘Unlimited 5G’ and ‘Best Price’ Claims for Xfinity 5G Mobile Plans

In a recent case, the National Advertising Division (NAD) of BBB National Programs determined that “Unlimited 5G” and “best price” claims by Comcast for its Xfinity 5G mobile plans were not supported and should be...more

NAD Straightens Disclosures for Incentivized Consumer Reviews of Aligner Products

In its latest decision regarding incentivized consumer reviews, the National Advertising Division of BBB National Programs ruled that a general disclosure is not sufficient to disclose incentivized consumer reviews on a...more

NAD Finds That Emojis Can Be Claims

In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims. ...more

FTC Finalizes Made in USA Labeling Rule

The Federal Trade Commission (FTC) has finalized the Made in USA Labeling Rule, which codifies its long-standing enforcement policy requiring that marketers making unqualified Made in USA claims on labels be able to prove...more

Lina Khan Is New Chair of the FTC

Lina Khan was sworn in as Chair of the Federal Trade Commission (FTC) on June 15, 2021. President Biden named Khan, a Democrat, to a term on the Commission that expires September 25, 2024, and designated her as Chair. Khan...more

NARB Recommends Colgate Halt ‘10 Years of Yellow Stains’ Claim for Optic White Renewal Toothpaste

A panel of the National Advertising Review Board (NARB), which hears appeals from the National Advertising Division (NAD) of BBB National Programs, has recommended that Colgate-Palmolive Company discontinue the claim that...more

NAD Finds Some Crest Whitening Emulsions Claims Supported, Recommends Others Be Retired or Modified

In another decision involving teeth whitening claims, the National Advertising Division (NAD) of BBB National Programs determined that The Procter & Gamble Company (P&G) substantiated claims that its Crest Whitening Emulsions...more

FTC Prohibits Medical Director of $23,000 COVID-19 ‘Treatment’ Plan From Making False Health Claims

The medical director of Golden Sunrise Nutraceutical, Inc., agreed to settle Federal Trade Commission (FTC) charges that he took part in deceptively advertising a $23,000 treatment plan as a scientifically proven way to treat...more

217 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide