Latest Publications


Privacy, Disclosure Failures Cost Venmo in FTC Deal

The Federal Trade Commission (FTC) reached a deal with PayPal, Inc., settling charges that the company violated Section 5 of the Federal Trade Commission Act by misleading consumers about the extent to which they could...more

Memory Loss Supplement Maker Forgets Support for Ad Claims

The maker of memory loss supplements must remember to change its advertising following a review by the National Advertising Division....more

Deceptive Pricing Suit Survives Dismissal Motion

A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more

Dodge Fumbles Super Bowl Ad

Another year, another Super Bowl ad controversy. This year, viewers took issue with a commercial for Dodge Ram trucks that aired during the second quarter of the Super Bowl and included a voice sample of Dr. Martin Luther...more

NAD: Allergy Medication Too Smart for Its Own Good

Claims touting an allergy medication as “smart” or “wise” conferred a clinically meaningful benefit as compared to a competitor’s product and should be discontinued, the National Advertising Division (NAD) recently...more

2/15/2018  /  Advertising , NAD

Nationwide Class Dismissed by Illinois Federal Court

Applying last year’s U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, an Illinois federal court dismissed nationwide class claims against NBTY, Inc., for lack of jurisdiction....more

FTC Keeps Its Hat On Over ‘Made in USA’ Claims

Tipping its hat to the Enforcement Policy Statement on U.S. Origin Claims, the Federal Trade Commission (FTC) filed suit against Bollman Hat Co. and a subsidiary for deceiving consumers with “Made in USA” claims for its hats...more

Retail and Consumer Products Law Roundup - February 2018

DOJ Expands Opioid Enforcement Efforts Using Data Analytics - On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug...more

NAD Refers StubHub Pricing Claims to FTC

After declined to comply with the National Advertising Division’s recommendations with regard to its pricing claims, the self-regulatory body referred the issue to the Federal Trade Commission (FTC) for review....more

2/2/2018  /  Event Tickets , FTC , NAD

Death and Ad Tax Deductions Remain Constant

Businesses dodged a major blow when the Tax Cuts and Jobs Act, signed into law by President Donald Trump in December 2017, passed without restrictions on advertising deductions....more

Retailer Buys $6M Deal Over Outlet Pricing

In the latest deceptive pricing class action resolution, Ann Taylor has agreed to pay more than $6 million to settle a challenge to the sales tags at its outlet stores....more

Lack of Injury Dooms Deceptive Pricing Suit

Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action. Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...more

FTC Not in Love With AdoreMe’s Marketing

The Federal Trade Commission showed no love for an online lingerie marketer’s negative option membership program when it reached a settlement that requires AdoreMe to return more than $1.3 million to customers....more

Fitbit Can’t Put Sleep-Tracking Claims to Bed

Fitbit may lose some sleep over a putative class action challenging the advertising claims for its sleep-tracking function after the court denied the company’s motion for summary judgment in the case....more

To Cease and Desist Letters—Dilly Dilly

Taking a unique spin on a standard legal document, Bud Light recently sent a medieval town crier to deliver a cease and desist letter to Modist, a Minnesota brewery....more

12/29/2017  /  Advertising , Breweries , Cease and Desist

Retail and Consumer Products Law Roundup - December 2017

The Battle Over CFPB Leadership Continues - Although the first round in the battle over leadership of the Consumer Financial Protection Bureau went to President Donald Trump’s pick for the position, the fight continues,...more

‘Phantom Markdowns’ Cost Real Millions

Purported “phantom markdowns” cost The Children’s Place $6.8 million in a settlement agreement with consumers in California federal court. A pair of plaintiffs accused the national retailer of tricking consumers into...more

Lawmakers Seek to Keep Things Private

Federal lawmakers are considering the Consumer Privacy Protection Act of 2017, a new bill that would regulate the storage online of certain types of personal consumer information....more

NAD Turns Down Mascara’s ‘1,944% More Volume’ Claim

Claims for “1,944% more volume!” and accompanying “Before” and “After” photographs should be discontinued, the National Advertising Division advised Too Faced Cosmetics after reviewing the advertising for its Better Than Sex...more

11/30/2017  /  Advertising , Cosmetics , NAD

Lawmakers Speak Out Against Ad Tax Changes

Legislators are pushing back against a proposed alteration to the tax code that would—for the first time—change the treatment of advertising expenses....more

11/17/2017  /  Advertising , Tax Code

Tito’s Taste Test Claims Leave Bad Taste for NAD

Tito’s Handmade Vodka promised to stop using claims that consumers preferred the taste of its product in a challenge brought by competitor Absolut Spirits Co. before the National Advertising Division (NAD)....more

11/10/2017  /  Advertising , False Advertising , Labeling , NAD

Retail and Consumer Products Law Roundup - November 2017

Social Media, Behavior Policies Tossed by NLRB ALJ - Why it matters - Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more

New SAG-AFTRA Waiver for Low-Budget Digital Productions

Advertisers will soon be able to take advantage of a new waiver for digital low-budget commercial productions. In a joint announcement, the Screen Actors Guild-American Federation of Television and Radio Artists...more

Jury Finds ‘Local’ Ad Claim Misses the Mark

Can a claim using the word “local” constitute false advertising? - That question was recently asked in Utah federal court as part of a recent lawsuit involving bread products. Leland Sycamore invented the formula for...more

Eleventh Circuit Has No Appetite for Non-GMO Claims

The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of Chipotle Mexican Grill in a false advertising action, holding that the plaintiff failed to demonstrate an actual injury based on the...more

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