Procter & Gamble filed an NAD challenge against Blueland, arguing that influencers promoting Blueland’s cleaning products on the TikTok Shop did not adequately disclose their connection to the company....more
12/1/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
E-Commerce ,
Endorsements ,
False Advertising ,
False Endorsements ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Endorsements ,
Social Media ,
TikTok ,
Unfair or Deceptive Trade Practices
Last year, we posted that the Environmental Working Group (“EWG”) had filed a lawsuit against Tyson Foods in DC Superior Court, accusing the country’s second-largest meat company of falsely claiming it will achieve net-zero...more
11/24/2025
/ Advertising Substantiation ,
Climate Change ,
Consumer Protection Laws ,
Environmental Claims ,
Environmental Litigation ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
Settlement Agreements ,
Sustainability ,
Unfair or Deceptive Trade Practices
According to the mission statement on its website, “Black Rifle Coffee Company serves coffee and culture to people who love America.” The company serves that coffee in bags that proudly feature the American flag and bear the...more
11/12/2025
/ Advertising ,
Advertising Substantiation ,
Antitrust Provisions ,
Antitrust Violations ,
Buy America ,
Class Action ,
Consumer Product Companies ,
False Advertising ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Misleading Statements ,
Product Labels ,
Retail Market ,
Unfair or Deceptive Trade Practices
This week, New York Attorney General Letitia James announced a $1.1 million settlement with JBS’s American subsidiary resolving allegations regarding the company’s commitment “to be net zero by 2040.” As we previously...more
11/6/2025
/ Assurance of Discontinuation (AOD) ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Marketing ,
Net Zero ,
New York ,
Settlement ,
State Attorneys General ,
Sustainability
The Children’s Advertising Review Unit (or “CARU”) recently released Generative AI & Kids: A Risk Matrix for Brands & Policymakers, a framework to help companies that market to children mitigate potential risks related to...more
11/3/2025
/ Advertising ,
Advertising to Minors ,
Artificial Intelligence ,
CARU ,
COPPA ,
Data Privacy ,
Data Protection ,
Influencers ,
Misleading Statements ,
Online Safety for Children ,
Parental Consent ,
Risk Management ,
Risk Mitigation
A recent NAD decision looks at an issue that frequently comes up for advertisers but doesn’t often make its way into NAD decisions—how companies can use charts to compare features they offer against those offered by their...more
After last November’s boxing match between Mike Tyson and Jake Paul, Logan Paul (Jake’s brother) suggested he could beat Mike Tyson in a fight. So far, Logan hasn’t picked a fight with Iron Mike, but his company has picked a...more
10/17/2025
/ Advertising ,
Business Litigation ,
Celebrities ,
Celebrity Endorsements ,
Damages ,
Endorsements ,
False Advertising ,
False Endorsements ,
Influencers ,
Injunctions ,
Misrepresentation ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
The City of Philadelphia recently filed a lawsuit against S.C. Johnson & Son (the company that makes Ziploc plastic bags) and Bimbo Bakeries (a company that sells baked goods in plastic bags), accusing the companies of a...more
10/9/2025
/ Consumer Product Companies ,
Consumer Protection Laws ,
Corporate Counsel ,
Enforcement Actions ,
Environmental Claims ,
Environmental Litigation ,
Extended Producer Responsibility (EPR) ,
False Advertising ,
Greenwashing ,
Plastics ,
Product Packaging ,
Recycling ,
State and Local Government ,
Unfair or Deceptive Trade Practices
Last week, a California federal judge approved a $1.5 million settlement to a class of Rust-Oleum customers who accused the company of “greenwashing” by using terms like “non-toxic” and “Earth Friendly” on labels for its...more
Last week, a coalition of retail and restaurant trade associations sent a letter to leaders of congressional banking committees urging them to enact national legislation to allow them to round cash transactions to the nearest...more
In recent years, there has been an increase in class action lawsuits alleging that companies are using artificially inflated “list” or “strikethrough” prices to mislead consumers into thinking they are getting a better deal...more
10/6/2025
/ Advertising ,
Advertising Substantiation ,
Class Action ,
Competition ,
Consumer Protection Laws ,
E-Commerce ,
False Advertising ,
Misleading Statements ,
NAD ,
Online Marketplace ,
Price Comparisons ,
Unfair or Deceptive Trade Practices
In April, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court...more
10/1/2025
/ Advertising ,
Class Action ,
Commercial Electronic Messages ,
Consumer Fraud ,
Consumer Protection Laws ,
Damages ,
Email Campaigns ,
Email Policies ,
False Advertising ,
Marketing ,
State Law Claims ,
Statutory Violations ,
Unfair or Deceptive Trade Practices ,
Unsolicited Advertisements ,
WA Supreme Court ,
Washington
Most of the lawsuits we’ve seen with allegations of “greenwashing” take the form of consumer class actions. These lawsuits can also take place between competitors, though. Last week, for example, Moldex-Metric filed a...more
9/29/2025
/ Advertising ,
Competition ,
Environmental Claims ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Lanham Act ,
Sustainability ,
Unfair or Deceptive Trade Practices
Last week, the Children’s Advertising Review Unit (or “CARU”) announced a decision involving MrBeastYouTube and its affiliate Feastables. The decision covers a range of issues that frequently come up for companies that...more
9/23/2025
/ Advertising to Minors ,
CARU ,
COPPA ,
False Advertising ,
Influencers ,
Misleading Statements ,
Online Advertisements ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Regulatory Requirements ,
Sweepstakes
In July, the Eighth Circuit vacated the FTC’s “Click to Cancel Rule.” At the time, we noted that although the FTC was unlikely to try to resurrect the Rule, they could continue to challenge cancellation practices under other...more
Last week, we reported that HelloFresh had agreed to settle an investigation by the California Automatic Renewal Task Force. As part of the settlement, the company is required to pay $7.5 million and make various changes to...more
9/8/2025
/ Automatic Renewals ,
California ,
Cancellation Rights ,
Consent ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
New Guidance ,
Notice Requirements ,
Regulatory Requirements ,
State Attorneys General ,
Subscription Services
Last month, HelloFresh agreed to settle an investigation by the California Automatic Renewal Task Force (“CART”) made up of several California counties and cities. CART’s lawsuit, filed contemporaneously with its agreed...more
9/3/2025
/ Automatic Renewals ,
California ,
Cancellation Rights ,
Consent ,
Consumer Protection Laws ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement Actions ,
Penalties ,
Settlement ,
State Attorneys General ,
Subscription Services ,
UDAAP ,
Unfair or Deceptive Trade Practices
Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without “forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that “most traditional cookware...more
Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD...more
8/14/2025
/ Advertising ,
Clinical Laboratory Testing ,
Comparative Advertising ,
Disclosure Requirements ,
Endorsements ,
FTC Endorsement Guidelines ,
Healthcare ,
Influencers ,
Life Sciences ,
LinkedIn ,
NAD ,
Regulatory Requirements ,
Social Media
Feeling a little sluggish, three New Yorkers purchased Logan Paul’s Prime energy drink in hopes of getting a little boost from the advertised 200 mg of caffeine in each can. Perhaps they got more of a boost than expected,...more
In 2022, Alin Pop was scrolling through his Instagram feed, when he found influencers promoting Luli Fama swimwear. “Pop followed what he believed to be the honest advice of the influencers,” and purchased some products for...more
Last week, the Massachusetts Attorney General’s office released a webinar and business guidance to help companies comply with upcoming regulations on junk fees and negative option contracts. The webinar and guidance cover a...more
8/6/2025
/ Advertising ,
Consumer Contracts ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fees ,
Hidden Fees ,
New Regulations ,
Regulatory Requirements ,
State and Local Government ,
State Attorneys General ,
Subscription Services ,
Unfair or Deceptive Trade Practices
As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more
7/23/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Imports ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
Online Marketplace ,
Product Labels ,
Retailers ,
Unfair or Deceptive Trade Practices ,
Warning Letters
P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more
7/21/2025
/ Advertising ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Endorsements ,
Social Media ,
TikTok
This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more
7/18/2025
/ Advertising ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
Fraud ,
Influencers ,
Marketing ,
NAD ,
Social Media ,
Transparency