As of relatively recently, gambling was generally prohibited in the United States. You could visit a casino in places like Las Vegas, participate in some state lotteries, and buy tickets for charitable raffles, but options...more
It seems it’s not only the Biden administration that believes regulating “junk fees” is popular with voters. Minnesota joins California as states that have passed their own junk fee legislation. And given the number of other...more
California’s new junk fee law is set to come into effect July 1. As a refresher, the law prohibits “advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges.”...more
The California legislature recently renewed its efforts to regulate automatic renewal programs with proposed amendments to its Automatic Renewal Law (ARL). This development does not follow any lack of attention to this area...more
4/30/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
False Advertising ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Notice Requirements ,
Proposed Amendments ,
ROSCA ,
Subscription Services
Marketers understandably get excited when a celebrity is spotted using their product. It’s validation of all their efforts! Unfortunately, just because a celebrity has used the product – even if they have publicly posted...more
Sometimes you hear grumbling that Leap Day shouldn’t mean an extra day of work – but not at the CFPB. The agency celebrated Feb. 29 this year by issuing guidance regarding “steering.”...more
3/6/2024
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Lead Generators ,
New Guidance ,
Price Comparisons ,
Third-Party Service Provider ,
Website Design ,
Websites
Recent headlines on a lawsuit against American Airlines for loyalty account closures give us a good excuse to examine this issue. A loyalty program or rewards program, two different names for the same thing, is a popular tool...more
In addition to legal analysis, legislative developments, and some general whimsy, in this blog we highlight commentary from regulators and industry figures in the advertising law space. We had the opportunity to hear from...more
On today’s episode of AD Nauseam, Amy, Daniel, and Jack talk about issues surrounding what are now being called junk fees, including the FTC rulemaking on the subject as well as activity all around the country.
Questions &...more
In his State of the Union address this February, President Joe Biden promised to crack down on junk fees. The Federal Trade Commission (FTC) made good on that promise in short order on Oct. 11, announcing a proposed rule to...more
10/17/2023
/ AMG Capital Management LLC v FTC ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Excessive Fees ,
Fees ,
Financial Services Industry ,
Hidden Fees ,
NPRM ,
Price Transparency ,
Proposed Rules
On August 7, 2023, the U.S. Food and Drug Administration (FDA, the Agency) published draft guidance aimed at assisting cosmetics companies with achieving and maintaining compliance with new cosmetic product facility...more
8/16/2023
/ Comment Period ,
Compliance ,
Cosmetics ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Personal Care Products ,
Product Packaging ,
Registration Requirement ,
Safety Standards
When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means...more
It has been a while since we last gathered for one of the monthly public meetings of the Federal Trade Commission (FTC or Commission). Clearly, the monthly nature of the meetings is questionable, but then again, there are...more
5/23/2023
/ Biometric Information ,
Breach Notification Rule ,
Comment Period ,
Consumer Privacy Rights ,
Data Privacy ,
Electronic Protected Health Information (ePHI) ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Notice Requirements ,
NPRM ,
PHI ,
Policy Statement ,
Public Meetings
Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more
3/29/2023
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
March Madness is upon us! Whether you’re filling out multiple brackets or studiously avoiding a certain co-worker because your team missed out, odds are you’re aware the annual men’s and women’s college basketball tournaments...more
Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group.
The challenge was...more
3/3/2023
/ Advertising ,
Agricultural Sector ,
Consumer Product Companies ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB
The days are short and the nights are long, but at least we have the monthly public Federal Trade Commission (FTC) meeting to keep us entertained and informed during these cold months. And we had a bit of an unusual agenda...more
In a rare example of a sweepstakes leading to litigation, Coinbase and its promotion agency, Marden-Kane, were sued over a sweepstakes run by Coinbase and administered by Marden-Kane titled “Trade Doge. Win Doge.” As...more
If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill...more
Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services...more
The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more
The 2018 Farm Bill legalized hemp-derived cannabidiol (CBD) at the federal level, but in the nearly three years since then, little has changed from the perspective of the U.S. Food & Drug Administration (FDA). From the start,...more
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress...more
The Federal Trade Commission (“FTC”) announced on December 17 that it has taken action against six sellers of CBD products. In case you need a refresher, CBD is a substance found in the cannabis plant that is widely touted...more
Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read...more
11/18/2020
/ Advertising ,
Cannabidiol (CBD) oil ,
Cosmetics ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marketing ,
Product Labels