In her remarks at this year’s ANA Masters of Advertising Law Conference, Commissioner Melissa Holyoak of the Federal Trade Commission (FTC) emphasized three areas where the agency is focusing its consumer protection...more
Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about...more
9/23/2025
/ Artificial Intelligence ,
COPPA ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
NAD ,
Regulatory Agenda ,
Section 5 ,
Trade Conference ,
Unfair or Deceptive Trade Practices
This year’s National Advertising Division’s (NAD) Annual Conference demonstrated that the self-regulatory process remains an active venue for companies interested in challenging competitor advertising claims....more
9/22/2025
/ Advertising ,
Advertising Substantiation ,
Artificial Intelligence ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Regulatory Oversight ,
Social Networks ,
Trade Conference
President Trump has signed a presidential memorandum, “Addressing Misleading Direct-To-Consumer Prescription Drug Advertisements.” ...more
9/16/2025
/ Advertising ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
False Advertising ,
Food and Drug Administration (FDA) ,
Influencers ,
Prescription Drugs ,
Presidential Memorandum ,
Regulatory Oversight ,
Social Networks ,
Telehealth
Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump’s removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held...more
9/9/2025
/ Administrative Agencies ,
Appeals ,
Constitutional Challenges ,
Executive Powers ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Government Agencies ,
Judicial Authority ,
Removal For-Cause ,
SCOTUS ,
Trump Administration
Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that...more
8/20/2025
/ Advertising ,
Appeals ,
Class Action ,
Disclosure Requirements ,
Dismissals ,
Influencers ,
Motion to Dismiss ,
Online Endorsements ,
Putative Class Actions ,
Social Media ,
Unfair or Deceptive Trade Practices
As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising....more
This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
The Trump administration transformed global trade policies by implementing a series of sweeping tariffs. Advertisers should ask the following questions...more
4/15/2025
/ Advertising ,
Country of Origin ,
Customs and Border Protection ,
Imports ,
Product Labels ,
Product Pricing ,
Regulatory Requirements ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
In one of the first settlements since the new administration took office, the Federal Trade Commission (FTC) announced a $17 million monetary judgment with Cleo AI to resolve allegations that Cleo violated Section 5 of the...more
4/2/2025
/ Automatic Renewals ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FinTech ,
Mobile Apps ,
Popular ,
ROSCA ,
Settlement ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more
3/19/2025
/ Advertising ,
Consumer Protection Laws ,
Content Marketing ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Social Networks ,
Third-Party ,
Unfair or Deceptive Trade Practices
When working with influencers, companies can do everything right, from drafting an influencer agreement to creating a stellar marketing plan. All elements of the ideal campaign are in place. But when you tune in to see the...more
Venable's AdLaw Symposium is back!
Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
3/7/2025
/ Advertising ,
Artificial Intelligence ,
Auto-Renewal ,
Best Practices ,
Beverage Manufacturers ,
Chief Compliance Officers ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food Manufacturers ,
Greenwashing ,
Legal Ethics ,
Marketing ,
NAD ,
Pricing ,
Privacy Laws ,
Risk Mitigation ,
State Regulators ,
Subscription Services
Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more
2/24/2025
/ Administrative Authority ,
Constitutional Challenges ,
Department of Government Efficiency (DOGE) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
OIRA ,
OMB ,
SCOTUS ,
Trump Administration
With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more
This week, the U.S. Court of Appeals for the Fifth Circuit vacated the Federal Trade Commission’s (FTC) Combatting Auto Retail Scams (CARS) rule....more
2/3/2025
/ Administrative Procedure Act ,
Appeals ,
Automotive Industry ,
CARS Rule ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices ,
Vacated
Last Friday in a 2-1 order, the Eighth Circuit Court of Appeals rejected an initial challenge to the Federal Trade Commission’s (FTC) Negative Option Rule. The challengers had asked the court to stay the Rule from taking...more
With the Biden-Harris administration and Federal Trade Commission (FTC) Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan’s ambitious agenda led...more
This week, the Federal Trade Commission (FTC) issued its long-awaited Final Rule on Unfair or Deceptive Fees. When the FTC released the proposed rule over a year ago, the rule covered any business that offered goods or...more
Just before Thanksgiving, the Federal Trade Commission (FTC) announced a Final Rule significantly expanding the coverage of the Telemarketing Sales Rule (TSR). The amendment extends the TSR’s prohibition against deceptive...more
Last month, the Federal Trade Commission (FTC) announced an enforcement action against Evolv Technologies, alleging that the company made deceptive claims about the capabilities of its AI-powered security screening system,...more
The Federal Trade Commission (FTC) isn’t the only regulator in town when it comes to endorsements and testimonials. The Securities and Exchange Commission (SEC) regulates investment adviser marketing under its “Marketing...more
11/7/2024
/ Advertising ,
Cease and Desist Orders ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Investment Adviser ,
Marketing ,
Securities and Exchange Commission (SEC) ,
Testimonial Statements
As we previewed last week, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission’s (FTC) Final Negative Option Rule....more
By a 3-2 vote, the Federal Trade Commission (FTC) announced its Final Negative Option Rule that covers negative option programs for both consumer and B2B transactions in any media, including online, telephone, print, and...more