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Marketing Misrepresentation

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

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Smart & Biggar

Cleaning up the Act: Canada's new greenwashing laws

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Last year, we discussed the ever-increasing interest in green branding and how marketing claims related to the environment are receiving increased scrutiny by Canadian regulatory authorities. It should therefore come as no...more

Wiley Rein LLP

Wiley Consumer Protection Download (April 30, 2024)

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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

Perkins Coie

Notable Ruling Roundup - January 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

Goldberg Segalla

CA Federal District Court Grants Dismissal In Favor of Personal Care Manufacturer in PFAS Misrepresentation Action

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On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

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As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

Wiley Rein LLP

Wiley Consumer Protection Download (December 18, 2023)

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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

Robinson+Cole Data Privacy + Security Insider

FTC and CA AG Settle with DNA Testing Firm for Allegations of Misrepresentation

The Federal Trade Commission and the California Attorney General teamed up against California company CRI Genetics, LLC filing a joint complaint against the company alleging that it engaged in deceptive practices when it...more

Cadwalader, Wickersham & Taft LLP

Court Declares Austrian Airlines Liable for Greenwashing

An Austrian regional court found Austrian Airlines AG (AUA), a subsidiary of German airline Lufthansa, liable for greenwashing for advertisements offering carbon-neutral flights that used 100% sustainable aviation fuel (SAF),...more

Cozen O'Connor

The State AG Report – 10.5.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Go After Timeshare Exit Companies over Allegedly...more

Cozen O'Connor

AGs Go After Timeshare Exit Companies over Allegedly Fraudulent Marketing

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Missouri AG Andrew Bailey filed a lawsuit against RSI, LLC and its owners (collectively, “RSI”), alleging that the timeshare-exit company violated the Missouri Merchandising Practices Act by making false promises and...more

BakerHostetler

District Court Decision Digs Deep into the FTC and Agency Law

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If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more

Hinch Newman LLP

Direct Seller Defeats FTC Pyramid Scheme Allegations

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In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...more

Proskauer Rose LLP

UK Financial Promotion Rules for Cryptoassets: Longer Implementation Period for Certain Requirements

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On 7 September 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) set expectations ahead of its new financial promotion rules for cryptoassets (which we wrote about here). From 8 October 2023, new rules for...more

Hendershot Cowart P.C.

FTC Updates Guidelines for Social Media Endorsements

Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more

Cozen O'Connor

Alleged Review Ruse By Roomster Gets Busted by FTC and AGs

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The FTC and a bipartisan group of six AGs have secured a proposed order banning the rental listing platform Roomster and its owners (collectively “Roomster”), from buying or incentivizing reviews....more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

Cornerstone Research

A Machine Learning–Based Analysis of Alleged Marketing Misrepresentations

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To illustrate the value of machine learning, consider the following fictional case. Client Foods Inc. (CFI) manufactures products sold in grocery stores. Plaintiffs allege that CFI marketed its products containing numerous...more

Ervin Cohen & Jessup LLP

FTC Proposes Ban on Fake Reviews and Testimonials

On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials. The proposed rule follows FTC’s November 2022...more

Orrick, Herrington & Sutcliffe LLP

New Jersey takes action against realty company for misleading consumers about homeowner benefit program

On June 6, the New Jersey attorney general and the New Jersey Division of Consumer Affairs filed an action against a realty company and its principals (collectively, “defendants”) for allegedly violating the state’s Consumer...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

DarrowEverett LLP

Should Influencers Be Held Liable for the Promotion of Digital Assets?

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The world’s ever-changing technological landscape has led to the formation of new mediums of creativity — mediums that the sports and entertainment industry cannot ignore. Digital currencies, virtual universes, and enhanced...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Perkins Coie

New Year’s Resolutions for Successful Brand Partnerships in 2023

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As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more

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