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Husch Blackwell LLP

Texas Attorney General Reaches Generative AI Settlement

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Keypoint: The Texas Attorney General reaches a first-of-its-kind settlement with a healthcare company that provides generative AI products. On September 18, 2024, the Texas Attorney General announced that it had reached a...more

Husch Blackwell LLP

USDA Publishes New Meat and Poultry Labeling Guidance

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On August 28, 2024, the U.S. Department of Agriculture (USDA) released an updated guidance document regarding the substantiation of all animal-raising and environment-related claims on meat and poultry packaging. This new...more

Foley & Lardner LLP

Don’t Buy The Buzzwords: “AI Washing” Gets Its Reckoning

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Since the release of ChatGPT 3.5 in November 2022, public interest in artificial intelligence (AI) has surged in a classic example of a hype cycle. As with past technological breakthroughs, companies may be tempted to...more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

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The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

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Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more

Goldberg Segalla

Supreme Court Denies Petition for Certiorari in Minnesota’s Climate Case Against Petroleum Leaders

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In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an...more

Gardner Law

OPDP is Back Sending Untitled Letters after a Yearlong Hiatus

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For a little over a year, the Office of Prescription Drug Promotion (OPDP) sent no untitled letters. OPDP ended this untitled letter hiatus this summer when it sent two untitled letters—one in June and another in August—and a...more

Smart & Biggar

Health Canada publishes guidance on distinction between advertising and other activities for health products

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Promotional messages and activities regarding a health product are subject to the advertising provisions under the Food and Drugs Act (FDA), the Controlled Drugs and Substances Act and/or their associated regulations. For...more

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

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On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

ArentFox Schiff

FTC Crack Down Continues Against False Made in USA Claims

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The Federal Trade Commission (FTC) continues to evidence a strong commitment to bringing enforcement actions against false or deceptive US-origin marketing claims. In short, to avoid landing on the wrong side of such an...more

Holland & Knight LLP

FTC Takes Action Against Principals and Celebrity Endorsers of Real Estate Training Program

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The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more

Fenwick & West LLP

FTC Issues Guidance on Claims About AI-Powered Products

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As lawmakers race to catch up on AI technology, the FTC has issued guidance warning marketers not to make false or unsubstantiated claims about AI-powered products. As we see AI starting to emerge in many consumer...more

Hinch Newman LLP

New FTC Action on Money-Making Opportunities and Earnings Claims Results in Big Civil Penalties

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Advertisers, beware. On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that...more

Morrison & Foerster LLP

Truly Green or Emperor’s New Clothes? - The UK CMA Targets Fast Fashion First In Its Investigation of Sustainability Claims

On 29 July 2022, the UK Competition and Markets Authority (CMA) launched an investigation into three fashion firms over potentially misleading eco-friendly and sustainability claims about their products....more

Smith Gambrell Russell

Is Your Product Really “Made in the USA?” The FTC is Asking.

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The FTC is serious about enforcing the Made in USA Labeling Rule. On April 12, 2022, the DOJ, on behalf of the FTC, sued Lithionics Battery LLC and its owner, Steve Tartaglia, in the United States District Court for the...more

Eversheds Sutherland (US) LLP

SEC charges investment adviser in connection with use of backtested performance

On January 13, 2022, the Securities and Exchange Commission (SEC) announced settled charges against CMG Capital Management Group, Inc. (CMG), a registered investment adviser for failing to adopt and implement policies and...more

Ervin Cohen & Jessup LLP

Judge Approves $15M Settlement in Added Sugar Consumer Class Action

On February 24, 2021, a judge in the United States Court for the Northern District of California preliminarily approved a $15 million class-action settlement for Post Foods, based on the case Debbie Krommenhock et al. v. Post...more

Lowenstein Sandler LLP

SEC Modernizes Investment Adviser And Solicitor Marketing Rules

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On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) announced a modernized rule (the New Marketing Rule) governing (i) investment adviser advertisements and (ii) payments to solicitors. Under the...more

Greenberg Glusker LLP

[Webinar] #FreeSpeech: Perspectives from the UK and the US on Social Media Liability for Fake News, Damaging Content and...

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Greenberg Glusker and Farrer & Co are delighted to present a joint webinar during which reputation management and media specialists from both firms will discuss: - Key legal developments in the UK and US related to Big...more

ArentFox Schiff

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

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Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Akerman LLP - Marks, Works & Secrets

Ninth Circuit Extends Tam 1st Amendment Protections to Advertising

The Ninth Circuit extended the First Amendment protections enunciated by the Supreme Court in Matal v. Tam, 137 S.Ct. 1744 (2017) to advertising in American Freedom Defense Initiative, et al. v. King County (9th Cir. Sept....more

Dechert LLP

OCIE Publishes Risk Alert on Most Frequent Advertising Rule Compliance Issues Found During Examinations

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The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) issued a National Exam Program Risk Alert on September 14, 2017 (Risk Alert). The Risk Alert highlights...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Morrison & Foerster LLP - Class Dismissed

POM Wonderful Inc. v. FTC: Lessons Learned

On January 30, 2015, the United States Court of Appeals for the District of Columbia issued an opinion in a case regarding the Federal Trade Commission’s (FTC) challenge to the advertisements of POM Wonderful’s (“POM”)...more

Dorsey & Whitney LLP

When Scientific Research Becomes False Advertising

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Positive results of scientific research on a company’s products can provide a tempting topic for advertising and promotion. If an article published in a well-established, peer-reviewed journal says that your company’s...more

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