Settlement Federal Trade Commission

News & Analysis as of

Latest Data Breach Settlement Illustrates Need for Companies to Prioritize Cybersecurity

On Aug. 5, 2016, the New York attorney general, Eric Schneiderman, announced a $100,000 settlement with an e-retailer following an investigation of a data breach that resulted in the potential exposure of more than 25,000...more

FTC Announces Dog Food False Advertising Settlement

Last Thursday, the Federal Trade Commission (“FTC”) announced that it had settled with Mars Petcare US, Inc. (“Mars Petcare”) concerning allegedly false advertising claims relating to its Eukanuba brand dog food. ...more

Mars Settles With FTC Over Dog Lifespan Claims

Last week, Mars Petcare U.S., Inc. (“Mars”) settled its case with the Federal Trade Commission (“FTC”) over certain advertising claims. In 2015, the FTC initiated an investigation of Mars’ advertising claims for its Eukanuba...more

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

The Cost of Noncompliance: LifeLock Continues to Pay

LifeLock, Inc. made headlines in December 2015 when it finalized a $100 million settlement with the Federal Trade Commission—the largest monetary award ever in an FTC order enforcement action. As reported by McGuireWoods’...more

The FTC Requires Largest-Ever Generic Drug Divestiture

The U.S. Federal Trade Commission (FTC) recently announced a settlement resolving its competitive concerns over the merger of two leading generic drug manufacturers – Teva and Allergan. In July 2015, Teva agreed to acquire...more

Advertising Law - July 2016 #3

Wikipedia Link Trips up Ninth Circuit False Ad Suit - Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

Advertising Law - July 2016

Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more

Cybersecurity News and Notes: June 2016 #4

In Case You Missed It - The FTC settled with mobile advertising company InMobi for $950,000 in civil penalties, along with the implementation of a privacy program, based on the FTC’s charges that InMobi impermissibly...more

Advertising Law - June 2016

First Circuit Affirms Ruling Against Jerk.com - In a victory for the Federal Trade Commission, the First Circuit Court of Appeals affirmed a Commission ruling that website Jerk.com, a self-described reputation management...more

It’s Not Just In Your Head: FTC Announces Yet Another Brain Health Settlement

The FTC recently announced another settlement involving a cognitive health product. According to the FTC’s complaint, LearningRx Franchise Corp. and its CEO, Dr. Ken Gibson, deceptively claimed that their brain training...more

Brainstorm: FTC Continues Enforcement Trend Against Cognitive Function Claims

Continuing its trend of scrutinizing claims touting improved cognitive function, the Federal Trade Commission recently announced a settlement with LearningRx Franchise Corp. (“LFC”), the developer and franchisor of a chain of...more

FTC Targets “All Natural” and “100% Natural” Claims on Personal Care Products

As we have previously reported, FDA is currently seeking public comments on the use of the term “natural” on food labeling. The announcement came as a surprise since FDA had previously declined requests from consumers, the...more

The FTC Trims the Fat Off Even More Companies Selling Weight Loss Products

Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case similar to February’s Sale Slash...more

Orrick's Financial Industry Week in Review

No-Action Letter Issued Regarding the OCR Final Rule - On April 8, the U.S. Commodity Futures Trading Commission's ("CFTC") Division of Market Oversight issued a no-action letter regarding the ownership and control final...more

#Ad! — Lessons from the FTC’s First Case since the Release of its Enforcement Policy on Native Ads

As was widely reported, the Federal Trade Commission entered into a settlement in March with Lord & Taylor over charges that the retailer allegedly deceived consumers through a native advertising campaign run on Instagram and...more

The FTC's Native Advertising Settlement With Lord & Taylor Highlights the Commission's Enforcement Priorities Under Its Recently...

On March 15, 2016, the Federal Trade Commission (FTC) announced a settlement with department store Lord & Taylor ("L&T") relating to native advertising for its Design Lab collection of clothing in various online materials,...more

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Lord & Taylor Settles with FTC Over Influencer Native Advertising Campaign on Social Media and Online Magazine

We’ve seen native advertising take many forms, from paid celebrity Tweets to advertisements masked as editorial content to paid influencers promoting brands on social media. With a growing number of companies engaging in...more

FTC Settles with Data Brokers in Sale of Consumer Data Used for Illicit Purposes

On February 18, 2016, the U.S. Federal Trade Commission ("FTC") settled a dispute against LeapLab LLC ("LeapLab") and others ("Co-Defendants") claiming that they knowingly sold consumer social security numbers, bank account...more

Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements

On February 2, 2016, the FTC settled claims against Sale Slash LLC regarding the marketing of its weight loss pills, including Premium Green Coffee, Pure Garcinia Cambogia, Premium White Kidney Bean Extract, Pure Forskolin...more

Companies to Pay Heavy Fine for Weight Loss Products

When it comes to certain diet pills, perhaps the only things getting slimmer are the wallets of the companies that sell them. Those companies, including Sale Slash LLC, agreed to pay over $43 million in a settlement last...more

FTC Settles Claims Against Group Of Data Brokers Dealing In Personal Information

The Federal Trade Commission (“FTC”) announced on February 18 that it has reached settlements with three affiliated companies accused of selling the financial and other personal information of “hundreds of thousands” of...more

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