News & Analysis as of

Advertising Failure To Disclose

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

BakerHostetler

TINA Issues Warning Letters to Celeb NFT Endorsers

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​​​​​​​From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own...more

Lathrop GPM

FTC Warns Endorsements Could Lead to Civil Penalties

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Yesterday, the Federal Trade Commission issued a press release suggesting that the agency will be cracking down on allegedly deceptive practices in social media and online reviews, scrutinizing in particular reviewers who...more

King & Spalding

Ninth Circuit Affirms Dismissal of “Disappointed Spectator” Class Actions Stemming from So-Called “Fight of the Century” Between...

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On November 21, the Ninth Circuit affirmed a Central District of California order dismissing with prejudice complaints filed on behalf of putative classes consisting of ticket holders and pay-per-view subscribers to the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2019: Zero Stars: FTC Settles with Skincare Company Over Fake Online Reviews

Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more

Foley Hoag LLP - Cannabis and the Law

Recent FTC and FDA Warning Letters May Hold Lessons For Cannabis Advertisers

Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”). While...more

Robins Kaplan LLP

#Sponsored: Fyre, Floyd, Flat Tummy Tea, and Fraud

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Bombay Hair tools, Daniel Wellington watches, FabFitFun boxes, HelloFresh meal kits, SugarBearHair vitamins, and more. Spend any time on Instagram and chances are you will encounter influencers promoting these products,...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Can a company be sued under the CCPA for using...

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Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more

Bradley Arant Boult Cummings LLP

BCFP Enters Consent Order with Small Dollar Lender

Triton Management Group, Inc. (Triton) and several related companies entered into a consent order with the Bureau of Consumer Financial Protection (Bureau) in which Triton agreed to a $1 civil money penalty, $500,000 in...more

Proskauer - Advertising Law

Second Circuit Dismisses Claims of Would-Be Ad-Blockers

On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of...more

Wilson Sonsini Goodrich & Rosati

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Dorsey & Whitney LLP

Endorsement Disclosures on the Front Burner Again at the FTC

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Last week, the FTC announced a Complaint and proposed settlement with two trampoline sellers, brothers Sonny and Bobby Le. The Les sold Infinity and Olympus Pro brand trampolines through three websites that touted...more

Smith Debnam Narron Drake Saintsing & Myers,...

CFPB Consent Orders with Consumer Reporting Agencies Focus on Marketing Practices not Credit Reporting

Marketing practices remain at the forefront of CFPB activity as evidenced by two recent consent orders entered into with TransUnion and Equifax. The consent orders combine to require the CRAs to pay more than $17.6 million...more

Proskauer - New Media & Technology

Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law

If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? Can it do so without advanced disclosure?  A recent court ruling suggests the answer is “yes,” at least in New...more

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