This is not another post about coronavirus claims, but we do need to start there.
Truvani makes a dietary supplement that was formerly called “Under the Weather.”...more
When we posted about a $9.3 million FTC settlement involving the Mail Order Rule, many people commented that they had never heard of that Rule, and wondered what else they might be missing....more
Subscription plans that automatically renew at the end of a term are becoming more popular with companies. They’re also getting more attention from regulators and class action attorneys. As we’ve discussed before, some states...more
Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims that...more
We’ve posted about how the FTC, FDA, and EPA have each targeted companies for making unsubstantiated claims about how their products can treat or cure the coronavirus. Now, we’ll add another acronym to the list – NAD....more
In April, Draper James – the clothing line of Hollywood star Reese Witherspoon – conducted a promotion for teachers, but ran into some communication issues along the way and is now the subject of a class action lawsuit. In an...more
In previous posts, we’ve written about Section 230 of the Communications Decency Act. Like it or hate it, Section 230 has become integral to the internet, and it’s no exaggeration to say that social media probably couldn’t...more
During last year’s Super Bowl, Anheuser-Busch ran a commercial in which a large barrel of corn syrup is delivered to the Bud Light castle. Because Bud Light doesn’t use corn syrup, the Bud Light King and a rag-tag group of...more
Yesterday, the FTC announced that online retailer Fashion Nova had agreed to pay a record $9.3 million to settle charges that it violated the Mail Order Rule by failing to properly notify customers and give them the chance to...more
Few businesses are immune from the economic effects of the coronavirus pandemic, but among those that have been hit the hardest are business involved with sports, concerts, performances, and other live events. According to...more
This week, the FTC announced that Federal-Mogul Motorparts had agreed to settle a complaint alleging that the company made unsubstantiated claims that its aftermarket Wagner OEX brake pads could help a driver stop a vehicle...more
If you’ve been shopping lately, it’s likely that you’ve encountered empty shelves and shortages of items, such as (for inexplicable reasons) toilet paper. This tends to happen whenever a disaster – whether that’s a hurricane...more
Over the past few weeks, a number of organizations have announced their plans to cancel conferences, festivals, and other events over fears about spreading the coronavirus. Undoubtedly, the companies who’ve paid to sponsor...more
This morning, the FTC announced that Teami – a company that sells teas and skincare products – agreed to settle charges that it promoted its products using deceptive health claims and endorsements by influencers who failed to...more
This month, NAD announced a decision involving T-Mobile’s ads for its TVision service. The service currently allows subscribers to watch TV over a wired broadband connection, though T-Mobile plans to offer wireless technology...more
This morning, the FTC announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the agency’s systematic review of all current rules and guides. ...more
Yesterday, the FTC announced that it had reached a settlement with LendEDU and three of its officers over misleading ratings and reviews.
LendEDU runs a website that compares student loans and other financial products....more
When Casper launched in 2014, it set out to disrupt the mattress industry. Not only did they change the way mattresses were sold, the company changed the way mattresses were advertised. Among other things, Casper hired...more
NAD announced that that they are making changes to their filing fees, effective January 1, 2020. The new fees will be as follows:
Under $250M: $10,000...more
This month, AutoZone agreed to pay almost $50 million to settle a class action over changes the company made to its loyalty program.
According to the complaint, AutoZone promised consumers that they would receive a credit...more
Congratulations. You’re nearly to January 1 with new practices designed to address CCPA obligations. Hydrate, and grab an energy bar – you’re just hitting your stride. Up ahead, we’ll need to incorporate obligations under the...more
Last week, Grammy Award-winning singer-songwriter Jason Mraz filed a lawsuit against MillerCoors, arguing that the company used his song “I’m Yours” in an Instagram post promoting Coors Light without his consent....more
This week, NAD issued a decision in a case involving a commercial for Air Wick Scented Oil that includes some valuable lessons about claim substantiation.
One version of the commercial starts with a family of four engaged...more
Last week, the FTC announced that AT&T had agreed to pay $60 million to settle litigation over allegations that the company misled customers by advertising “unlimited” data plans that were subject to significant limitations....more
Yesterday, the FTC released a new guide and video designed to help influencers understand when and how they should disclose the relationships they have to the brands they endorse. The guidance doesn’t break new ground, and...more