5 Key Takeaways | The Law of Advertising
I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more
“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more
With November’s Election Day less than five months away and an onslaught of political ads already hitting the airwaves and social media feeds, many state legislatures have enacted or are considering passing legislation...more
Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors. In many cases, the plaintiffs allege such...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
In the rapidly-evolving AI space, the last few days of this week saw significant AI developments occur perhaps even faster than usual. For example, seven AI companies agreed to voluntary guidelines covering AI safety and...more
A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact...more
The National Advertising Division (NAD) referred the website Smarter-Reviews.com (Smarter Reviews) to the Federal Trade Commission (FTC) on suspicion of publishing advertising disguised as editorial content because it lacks...more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
The FTC issued orders to eight social media and video streaming platforms—Meta Platforms, Inc.; Instagram, LLC; YouTube, LLC; TikTok Inc.; Snap Inc.; Twitter, Inc.; Pinterest, Inc.; and Twitch Interactive, Inc.—requiring them...more
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more
Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more
A number of recent cases seek to combat what plaintiffs claim is a surge of deceptive marketing by companies in the food space. In particular, there have been a number of claims concerning the use and labeling of vanilla...more
It’s never been a better time to shop, work or spend leisure time at home – the internet and television are flooded with advertisements for amazing products with the ability to improve our lives and make things easier....more
2022 AG Elections- Kansas Attorney General Eyes Governor’s Mansion- •Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022. •Schmidt, who first assumed the AG’s office in...more
Last month, the Seventh Circuit reversed a district court’s decision preliminarily enjoining Anheuser-Busch from making various advertising claims related to the absence of corn syrup in Bud Light, including that Bud Light...more
The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous...more
Remember when you were a teenager and rules seemed excessive and tiresome to follow? And remember getting grounded because you missed curfew ("nothing good happens after midnight") or skipped school ("Bueller? … Bueller?…")?...more
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
A California court denied Arizona Canning Company’s motion to dismiss an action challenging the depiction of its canned beans, moving forward a false advertising suit brought by a pair of consumers in the state....more
The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads...more
On September 6, 2019, the Bureau filed a complaint in federal court in the Central District of California against Certified Forensic Loan Auditors, LLC (CFLA) and Andrew Lehman (Lehman) in connection with their offering,...more
In a new false advertising class action, a Virginia resident accused Godiva of deceptively promoting its chocolate products to make them seem as if they were made in Belgium—despite the fact that they are produced in...more