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Antitrust & Trade Regulation Communications & Media

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

FTC’s Prohibition On Illegal Sales Calls And Robocalls

by Fox Rothschild LLP on

The Federal Trade Commission (“FTC”) operates a single National Do Not Call Registry at donotcall.gov for both personal land lines and cell phones. Although the FTC notes that the Federal Communications Commission (“FCC”)...more

Regulation Of Dietary Supplements

by Fox Rothschild LLP on

The U.S. Food and Drug Administration (“FDA”) regulates dietary supplements as food, not as drugs. In general, dietary supplements are taken orally and contain a dietary ingredient such as a vitamin, mineral, amino acid,...more

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

by Snell & Wilmer on

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the...more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

by Snell & Wilmer on

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end,...more

FTC’s “Made in USA” Enforcement On Pace With Prior Years

by Kelley Drye & Warren LLP on

In a keynote address at the National Advertising Division conference earlier this month, Mary Engle, Associate Director in the Advertising Practices Division of the FTC, included “Made in USA” as among the agency’s current...more

AD-ttorneys@law

by BakerHostetler on

Come On Down! It’s always been about those commercials. Former waterbed salesman Bob Kaufman built a discount furniture empire. It expanded outward from a single Connecticut warehouse in the early 1990s to reach more...more

FTC’s “Stick With Security” #3: Require Secure Passwords and Authentication

by Snell & Wilmer on

On August 11, 2017, the FTC released its third “Stick with Security” principle, which touched on the necessity of strong authentication practices. Secure passwords and fortified authentication practices make it that much...more

FTC’s “Stick With Security” #2: Control Access to Data Sensibly

by Snell & Wilmer on

On August 4, 2017, the FTC released its second “Stick with Security” principle, which addressed the next step a company should take after it has identified confidential data in its possession and determined what information...more

Moonlight Slumber Says “Goodnight” to Misleading and Unsubstantiated “Organic” Advertising Claims After Settlement with FTC

by Kelley Drye & Warren LLP on

In its first case challenging “organic” claims, the FTC announced a settlement with Moonlight Slumber, LLC resolving charges that the company misrepresented or could not support a variety of environmental and health-related...more

Affiliate Marketing 101

“What’s affiliate marketing? Should I care?” - The Federal Trade Commission attempted to answer these questions in a new blog post directed to consumers, explaining how the industry works and how to avoid scams....more

Building a Health App? Part 4: Avoiding an FTC Enforcement Action

The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow. Last week, the U.S. Food and Drug Administration (“FDA”) approved a new smartphone-based “carbon...more

FTC Seal of Disapproval for “Selfie” Certification Marks

by Dorsey & Whitney LLP on

For many years, consumers have relied on certification marks like the Good Housekeeping Seal of Approval and the UL logo as an assurance of product quality. Administered by independent organizations, consumers reasonably...more

Big Data and digital markets remain in the focus of competition authorities – German FCO continues to lead the way

by Hogan Lovells on

On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. ...more

FTC Provided Guidance Regarding Affiliate Marketing

by Reed Smith on

The FTC alerted consumers to the truth behind online advertisements connected to affiliate marketers in a September 20th blog post titled, What’s affiliate marketing? Should I Care? The FTC took action against an online...more

Update Your Browsewrap and Clickwrap Agreements

by Revision Legal on

A recent California case reminds businesses and website owners that browsewrap and clickwrap agreements must be conspicuous for courts to enforce them. See Long v. Provide Commerce, Inc., 245 Cal.App.4th 855 (2nd Dist. 2016)....more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

IoT, spyware and privacy risks

by DLA Piper on

The Internet of Things (IoT) enables everyday objects – printers, thermostats, pacemakers, cars – to collect and exchange data over the Internet. Like other online data, IoT data can be mined, transformed and monetized....more

FTC Issues Revised Online Endorsement Guidelines

by Revision Legal on

As many know, the Federal Trade Commission (“FTC”) regulates unfair and deceptive business practices including such practices on the internet. One of the more vexing recent issues has been business use of “consumer” reviews,...more

Paid to Post? #FTCAdvice for Influencers

In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more

Case Dismissed in FTC v. Quincy Bioscience

by Kelley Drye & Warren LLP on

On Friday, a federal court in New York dismissed an FTC and New York Attorney General action against Quincy Bioscience, which sells the dietary supplement, Prevagen. Quincy bases claims for its product on research that...more

FTC Goes After Misleading “Organic” Product Claims

by Fox Rothschild LLP on

Moonlight Slumber, LLC, an Illinois company that advertised its baby mattresses as “organic,” has agreed to settle FTC charges that it misrepresented or could not support these and other claims to consumers. The FTC’s...more

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

What Does Tweeeeeting Mean for Advertisers?

by Kelley Drye & Warren LLP on

This week, the news broke that tweets are likely getting longer. Twitter plans to extend the maximum length of a tweet from 140 to 280 characters, and has already rolled this feature out to selected users. What are the...more

Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains

by Franczek Radelet P.C. on

Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over...more

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