Kristi Wolff on Corporate Counsel

Ninth Circuit Decision Provides Clarity While Raising New Questions

The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022). The rationale behind this ruling...more

6/17/2022 / Cannabis Products , Corporate Counsel , Farm Bill , Hemp , Intellectual Property Protection , Trademarks

FTC/FDA Cease and Desist Letters to Companies Touting Diabetes Cures: Is the FTC Testing the Limits of Its Civil Penalty...

As they often have done in the past, the FTC and the FDA issued joint cease and desist letters last week to 10 companies suspected of making unproven health claims – in this instance, claims that dietary supplements treat or...more

9/14/2021 / Cease and Desist Orders , Corporate Counsel , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , FTC Act , Health Claims

FTC Files First Case Seeking Civil Penalties For Allegedly Deceptive COVID-19 Advertising

The FTC flexed its new-found civil penalty muscle last week by filing the first case pursuant to the COVID-19 Consumer Protection Act, which gives the FTC authority to seek civil penalties for deceptive COVID-related acts and...more

4/19/2021 / Advertising , Coronavirus/COVID-19 , Corporate Counsel , Federal Trade Commission (FTC) , Unfair or Deceptive Trade Practices

FTC Settles With Pain Relief Marketer For $4 Million

The FTC announced a settlement with NeuroMetrix, Inc., and its CEO, Shai Gozani, relative to allegations that the marketers made deceptive pain relief claims on a medical device called Quell....more

3/6/2020 / Corporate Counsel , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Health Claims , Marketing , Medical Devices

FTC Announces Settlement with Uber over Allegedly Deceptive Earnings Claims; Commissioner Ohlhausen Dissents

In its latest action involving allegedly deceptive earnings claims, the FTC announced yesterday that Uber had agreed to settle charges that it misled potential drivers with inflated earnings claims. The complaint also...more

1/20/2017 / Corporate Counsel , Federal Trade Commission (FTC) , Misrepresentation , Section 5 , Uber

FTC’s “All Natural” Cases Are More About “All” Than “Natural”

The Federal Trade Commission announced last week filing of four consent decrees and an administrative complaint relating to companies selling various personal care products – shampoos, sunscreens, moisturizers – featuring...more

4/19/2016 / All Natural , Corporate Counsel , False Advertising , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Labeling , Natural Products

The Carrot and the Stick: FTC’s Letter Evidences Flexible Yet Firm Approach to Claim Substantiation

The Federal Trade Commission recently approved a final consent order with Carrot Neurotechnology, Inc. and its co-owners, requiring them to stop making allegedly deceptive claims that their “Ultimeyes” video game app can...more

3/4/2016 / Consent Order , Corporate Counsel , False Advertising , Federal Trade Commission (FTC) , Lack of Substantiation , Scientific Evidence , Unfair or Deceptive Trade Practices , Young Lawyers

Kristi Wolff

Kelley Drye & Warren LLP

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