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
8/21/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
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
2/27/2024
/ Advertising ,
Antitrust Provisions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
NPRM ,
Online Platforms ,
Online Reviews ,
Proposed Rules ,
Regulatory Agenda ,
Testimonial Statements
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
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
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
11/28/2023
/ Advertising ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
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
The Federal Trade Commission (FTC or Commission) is seeking comment on an application from the Entertainment Software Rating Board (ESRB), Yoti and SuperAwesome for a new way to obtain parental consent under the Children’s...more
7/31/2023
/ Algorithms ,
Artificial Intelligence ,
Comment Period ,
COPPA ,
Data Collection ,
Data Protection ,
ESRB ,
Federal Trade Commission (FTC) ,
Machine Learning ,
NIST ,
Online Gaming ,
Online Safety for Children ,
Parental Consent ,
Websites
The Federal Trade Commission (FTC or Commission) has proposed a trade regulation rule to prohibit marketers from using deceptive practices in their product reviews and testimonials. The goal of this rule is to increase...more
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
7/3/2023
/ Advertising ,
Advertising Standards Authority ,
Business Strategies ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
Green Guides ,
Greenhouse Gas Emissions ,
Greenwashing ,
NAD ,
NARB ,
National Climate Assessments ,
Net Zero ,
Paris Agreement
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
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
On March 23, 2023, the Federal Trade Commission (FTC) announced proposed updates to its Negative Option Rule, making it easier for consumers to cancel their enrollment in subscriptions and memberships. Research using GPT-4,...more
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
3/29/2023
/ Advertising ,
Algorithms ,
Artificial Intelligence ,
Client Services ,
Consumers ,
Data Collection ,
Federal Trade Commission (FTC) ,
Legal Project Management ,
Legal Representatives ,
Machine Learning ,
Microsoft
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
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 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
The Food and Drug Administration (FDA) has issued a new set of warning letters to companies for illegally selling food and beverage products that contain cannabidiol (CBD). These warning letters focus on CBD products that...more
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
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
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
3/28/2022
/ Advertising ,
Consumer Product Companies ,
Enforcement Actions ,
False Advertising ,
Marketing ,
NAD ,
Personal Care Products ,
Procter & Gamble ,
Product Labels ,
Superiority Claims ,
Unilever
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
2/3/2022
/ Advertising ,
E-Commerce ,
Enforcement Actions ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet Retailers ,
Misrepresentation ,
Online Advertisements ,
Online Platforms ,
Online Reviews ,
Policies and Procedures ,
Retail Market ,
Risk Management ,
Settlement Agreements ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
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
12/29/2021
/ 5G Network ,
Advertising ,
Comcast ,
Consumer Product Companies ,
Enforcement Actions ,
False Advertising ,
Marketing ,
Misleading Impressions ,
NAD ,
Popular ,
Price Comparisons ,
Public Disclosure ,
T-Mobile ,
Telecommunications ,
Unfair or Deceptive Trade Practices ,
Wireless Industry ,
Wireless Technology
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
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
11/24/2021
/ Advertising ,
Beverage Manufacturers ,
Celebrity Endorsements ,
Disparagement ,
Emoji ,
False Advertising ,
Goods or Services ,
Influencers ,
NAD ,
Online Videos ,
Social Media ,
SWIFT
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
7/23/2021
/ Advertising ,
Country of Origin ,
False Advertising ,
Federal Trade Commission (FTC) ,
Final Rules ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Regulatory Reform ,
Regulatory Standards ,
Retail Market