False Advertising Federal Trade Commission

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Reminder – Truthful Advertising Is Not Optional

We blog frequently about new regulatory developments coming from CPSC or FDA and about enforcement actions brought by those federal agencies as well as state counterparts and private plaintiffs. But we don’t very often...more

Glue Company in Sticky Situation with FTC over “Made in the USA” Advertising Claims—Who Will Get Stuck Next?

In a recent post, we discussed the potential perils and pitfalls of advertising consumer products as “Made in the USA.” As we noted there, different federal and state regulatory regimes do not necessarily follow the same...more

Advertising Law - February 2016

Tensions Mount Prior to Contract Renewal Between Industry, SAG-AFTRA - The ad industry and the Screen Actors Guild-American Federation of Television and Radio Artists plan to negotiate successor agreements to the current...more

FTC Files Lawsuit Over “Made in USA” Claims

This week, the FTC filed a lawsuit against Chemence, Inc., alleging that the company is misleading consumers by claiming that many of their glues are made in the USA. ...more

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics...more

FTC files suit against Devry University for deceptive advertisement from data

The FTC filed suit against Devry University on January 27th, alleging that its ads, stating that 90 percent of its graduates obtained jobs in their field of study, and were making 15 percent more than graduates from other...more

Advertising Law - January 2016 #2

Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations - In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as required...more

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

FTC Sues DeVry University for Deceptive Advertising

On January 27, 2016, the FTC filed suit against DeVry University in the Central District of California, alleging that the school deceived consumers about the success rates of graduates from its programs. According to the...more

Retail and Consumer Products Law Roundup - January 2016

Eye on the Courts: IP Cases for Retailers to Note - Why it matters - Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...more

Skepticism is wise about “brain” toys & games for kids, seniors

Yes, the ancient adage caveat emptor still rules in the high-tech age. It may have sounded so simple, nice, and sweet to plunk grandma and grandpa in front of a computer screen to let them run a program to play games touted...more

False Claims about Encryption Cost an Arm, a Leg, and a Tooth

Earlier this month, Henry Schein Practice Solutions, Inc. (“Schein”), a provider of office management software to dental practices, learned the hard way that exaggerating the capabilities of its products can be very costly....more

FTC settles with software provider over misleading customers about encryption of patient data

The Federal Trade Commission (FTC) announced on January 5, 2016, that it has agreed to settle an investigation with Henry Schein Practice Solutions, Inc. (Schein), an office management software provider for dental practices...more

Serious Games Require Serious Attention to Marketing Statements

Lumos Labs recently paid $2 million to the FTC to settle claims that it deceived consumers about its brain training application’s ability to increase cognitive function. According to the FTC, the company alleged that its...more

An FTC Warning on Native Advertising

“Native advertising”—ads that may blur the distinction between advertising and editorial, video or other content—has been a hot topic in recent years for both marketers and regulators. It is popular with marketers because it...more

FTC Provides Guidance to Businesses Engaged in Native Advertising

The Federal Trade Commission (FTC) recently issued an enforcement policy statement on deceptively formatted advertisements, which explains how it applies established consumer protection principles to different advertising...more

The FTC Clarifies Native Advertising Enforcement Guidance

As publishers increasingly rely on more modern methods of native advertising – that is, ads designed to look and feel similar to a platform’s editorial content – as a source of revenue, the FTC has taken steps to clarify when...more

LifeLock to Pay $100 Million to Settle Charges it Violated 2010 Court Order

The Federal Trade Commission (FTC) recently approved a $100 million settlement with LifeLock, Inc. to resolve allegations that it violated a 2010 federal court order by failing to take steps required to protect its users’...more

Advertising Law - December 2015 #4

Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

Healthy Holidays From the FTC: Reminders from the FTC to Keep Health Advertising Claims Healthy

Late last week, the FTC Business Center Blog posted a short but important entry on health-related advertising representations entitled 5 principles to help keep your health claims healthy. This friendly reminder highlights...more

Avoiding the risks associated with ambiguous marketing claims

Your business likely has a designated team responsible for developing memorable and informative marketing materials. But does that team include someone who can objectively review your materials to identify the risks...more

Tommie Copper Hurts While the FTC Finds Relief

Tommie Copper advertised its copper-infused compression garments with the slogan: “Life Hurts. Find Relief.” Now, the company is itself hurting, after the FTC announced a settlement that requires it to pay over $1 million in...more

Weight-Loss Claims: How Many Studies Does the FTC Really Think It Takes?

On Tuesday, the FTC announced that it has sent warning letters to 20 marketers of weight-loss dietary supplements. The letters question whether the companies possess adequate support for claims and describe the scientific...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

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