This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more
7/3/2023
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Unfair or Deceptive Trade Practices
Last month, the FTC announced that it reached a $62 million proposed settlement with Opendoor Labs, related to the Commission’s investigation of the company’s representations in advertising to prospective home sellers....more
Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/29/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/28/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
1/13/2021
/ Advertising ,
Appeals ,
Appellate Courts ,
Class Action ,
Counterfeiting ,
Disgorgement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Marketing ,
Product Labels ,
Romag Fasteners v Fossil ,
Unfair or Deceptive Trade Practices
NPR and PBS recently released an attention-grabbing investigation titled “How Big Oil Misled The Public Into Believing Plastic Would Be Recycled.” According to the investigation, beginning in the late 1980s, “big oil” began...more
12/4/2020
/ Advertising ,
Class Action ,
Class Representatives ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Labeling ,
Marketing ,
NAD ,
Plastics ,
Recycling ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
On February 6, the California Court of Appeals (Second Appellate District) sustained a lower court’s dismissal of a putative class action alleging that the claim “no sugar added” on the label of tangerine juice is deceptive...more
The National Advertising Division (NAD)’s annual conference is taking place later this month, so we are taking the opportunity to highlight some recent NAD decisions of interest. This post addresses Intraceuticals LLC...more