The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more
Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the...more
5/5/2025
/ Advertising ,
Amended Legislation ,
Consent ,
COPPA ,
Data Privacy ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Final Rules ,
Parental Consent ,
Personal Data ,
Privacy Laws
In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including...more
In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more
On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more
NAD has amended its SWIFT track processes and procedures multiple times since its inception in an effort to make sure the process is fair yet efficient. While it met with some nontrivial resistance from industry at its...more
On today’s episode of AD Nauseam, Amy and Daniel talk about the Mail Order Rule....more
Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more
Anti-Junk-Fee Bandwagon Is Getting Crowded -
Following a presidential call, Congress and the Golden State are looking to tame hidden charges -
Return to Mayberry -
We mentioned President Biden’s attack on junk...more
So today’s Federal Trade Commission (FTC or Commission) meeting was a bit of a narrowly focused affair – all about the Business Opportunity Rule (Rule), which is a long-standing FTC rule that generally requires “business...more
We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking...more
From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own...more
8/17/2022
/ Advertising ,
Celebrities ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Enforcement Priorities ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Influencers ,
Initial Coin Offering (ICOs) ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Warning Letters
It has been two weeks or so since the FTC announced that it is going to take a close look at whether and how to revise the Dot com Disclosure Guides. For those who are new to this, the dot com guides (technically and...more
NAD Won’t Rename Supplement Maker -
Innovix Pharma loses on product claims but gets to keep its calling card.
Nerding Out -
Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
5/13/2022
/ Advertising ,
Class Action ,
Dietary Supplements ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Health Claims ,
Marketing ,
Misleading Statements ,
NAD ,
Pharmaceutical Industry ,
Telemarketing ,
Unfair or Deceptive Trade Practices
The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that...more
Let’s be honest. Customer reviews and testimonials influence buying decisions -- an online review can make or break the path to purchase. Amy Ralph Mudge is her authentic self as she outlines the legal framework and counts...more
If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more...more