Earlier this month, a group of eight consumers filed a class action against Procter & Gamble (“P&G”), alleging that the company is engaging in greenwashing by misleading consumers into thinking that its Charmin toilet paper...more
Revolve is an e-commerce fashion brand that relies heavily on influencers to promote its products. Some of those influencers promote the products pursuant to agreements with the company, while others promote the products as...more
TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution...more
Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little...more
I’ll start by admitting that I don’t know anything about the game of pickleball. Using the word “basketball” as an example and working backwards by breaking the word “pickleball” into its component parts, I can make an...more
Just Play makes Daisy the Yoga Goat, a toy for kids. The company advertises that Daisy has “super-soft plush gray fur…and lots of personality” and a recent TV commercial shows Daisy as she independently “moves her head,...more
Fourteen months after proposing a far-reaching rule that would have overhauled the way fees are disclosed across sectors, the FTC today announced a significantly curtailed final rule limited to the sale of live-event tickets...more
On Monday, the FTC announced a court order requiring GOAT – an online marketplace for sneakers, apparel, and accessories – to pay more than $2 million for violating the Mail Order Rule, which requires companies to have...more
If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday,...more
When an advertiser makes a comparison against a category of products, it must generally substantiate the claim against 85% of the products in that category. It’s common for advertisers to narrow down a category in order to...more
Last Friday, the FTC’s final Negative Option Rule was published in the Federal Register, starting the clock on the effective dates for the agency’s expansive overhaul of requirements related to goods or services sold through...more
In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that “carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term...more
As we noted in a previous post, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, which went into effect on October 21, 2024, addresses deceptive conduct involving consumer reviews and testimonials and...more
Last month, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledged to support the Constitution, alleging that the...more
The deadline for the California law requiring disclosure of information substantiating carbon reduction claims is January 1, 2025, so companies should begin working on these disclosure statements if they are not underway or...more
Last year, the FTC updated its Endorsement Guides to impose more stringent requirements on how influencers must disclose their relationships to the companies whose products they promote. Although the FTC later sent letters to...more
On October 31, 2024, LA County Counsel filed a lawsuit against PepsiCo and Coca Cola on behalf of California in an attempt to hold the companies “accountable for their role in the plastic crisis that is overwhelming the...more
Earlier this week, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledge to support the Constitution. The lawsuit...more
Unbeknownst to me (until yesterday), Fat Bear Week has been a big event for the past ten years. As far as I can tell, it’s like a reality show in which the contestants are bears, instead of humans. And unlike some human...more
Gordon Ramsay is a celebrity chef, perhaps best known for his fiery temper and the harsh criticism he levels at contestants on his cooking shows. If Ramsay judges that food isn’t cooked properly, that the texture is off, or...more
Automatic renewals continue to be a big priority for state regulators. When companies work to develop strategies to comply with the growing patchwork of specific state laws in this area, they often start by looking at...more
Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of...more
On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games,...more
In 2021, Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company’s campaign to promote its sustainability efforts and goals amounted to greenwashing. A year later, the DC Superior Court dismissed...more
Join Kelley Drye Ad Law attorneys for an upcoming webinar: “Why You Should Care About the FTC’s Rule on Fake Reviews.” This session will break down the final rule announced by the FTC on August 14, 2024, designed to combat...more