The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021.
This episode takes us deeper into the...more
“Right to repair” is a consumer protection issue that is rapidly picking up steam. In addition to federal legislation that was introduced in 2022, there has been quite a lot of recent state legislative activity. And we have...more
After the Supreme Court held that the Federal Trade Commission (FTC) could no longer use Section 13(b) of the FTC Act to seek equitable monetary relief in federal court, the agency quickly ransacked the sofa, seeking spare...more
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
It has been just over one year since Lina Khan was confirmed by the Senate and designated Federal Trade Commission (FTC) chair by the president. At the outset of her tenure, she had a Democratic majority, which ended in...more
No More Social Fix for Cali Kids?
New state bill targets social media addiction -
Vertigo 2.0 -
There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
6/17/2022
/ Advertising ,
Advertising to Minors ,
Case Consolidation ,
Class Action ,
FCC ,
Foreign Entities ,
Internet Retailers ,
Minors ,
Mobile Apps ,
NAD ,
New Rules ,
Online Platforms ,
Pricing ,
Proposed Legislation ,
Retailers ,
Robocalling ,
Settlement Agreements ,
Social Media ,
Spoofing ,
Telecommunications ,
Telephone Service Providers ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
We spend many of our working hours – and far too many of our nonworking hours - talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish...more
6/17/2022
/ Artificial Intelligence ,
Bias ,
COPPA ,
Discrimination ,
Drug Pricing ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Hate Crimes ,
Information Reports ,
Policy Statement ,
Public Meetings ,
Racial Bias ,
Scams
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients -
Please Ignore This Section if You Are Easily Annoyed -
Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
6/3/2022
/ Advertising ,
Alternative Medicine ,
Beverage Manufacturers ,
Class Action ,
Federal Trade Commission (FTC) ,
For Profit Education ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
NAD ,
Natural Products ,
Nutrition Facts Labels ,
Puffery ,
Zillow
On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is...more
Many of us have become accustomed to the fact that every June, with the calendar signaling LGBTQ+ pride month, we get the inevitable onslaught of corporate logos incorporating the colors of the rainbow flag. And at the end of...more
Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications - for privacy practitioners and beyond. In this post, the agency takes the novel position that if consumer...more
In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including...more
As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more
When a new commissioner arrives at the Federal Trade Commission (FTC or Commission), there are some changes to expect as that new person gets up to speed and learns how different it is to be at the FTC versus watching what...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
At last week’s public Federal Trade Commission (FTC) meeting, the commissioners unanimously voted for possible changes to the Telemarketing Sales Rule (TSR). Given the intense interest in FTC rulemaking and the important role...more
A recent survey of FTC employees put forward some interesting numbers. In 2020, FTC staff were asked if their senior leaders “maintain high standards of honesty and integrity” and 87 percent answered positively....more
We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more
4/29/2022
/ Advertising ,
Breach of Contract ,
Class Action ,
Digital Assets ,
Distributors ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Made in the USA ,
Misleading Statements ,
Negligence ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Security Breach
We made it to the 11th public commission meeting. Now, one person who didn’t make it to the meeting today (or at least did not appear on the main screen) was Alvaro Bedoya. We had heard that his confirmation vote to become...more
Whether you are an FTC fan or foe, we can all agree that one of the agency’s crown jewels is its consumer and business education program. For decades, this program has provided information that has helped consumers protect...more
Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more
Trade Secret Case Unravels Unequal Fashion Partnership -
Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse.
The Royal She -
In high fashion, creative output is the whole game -...more
4/15/2022
/ Breach of Contract ,
Class Action ,
Conversion ,
Copyright ,
Enforcement Actions ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Misappropriation ,
Permanent Injunctions ,
Product Labels ,
Robocalling ,
Trade Secrets ,
Unfair Competition ,
Unjust Enrichment
What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone...more
The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are...more
Not many people enjoy sitting in a car dealership spending hours evaluating or making a costly purchase, but it’s far more frustrating when the dealership allegedly engages in practices that face the ire of law enforcement. ...more