The Federal Trade Commission (FTC) has published a long anticipated Final Rule on the Use of Consumer Reviews and Testimonials that prohibits certain practices the FTC deems misleading or deceptive, provides additional...more
In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the FTC means in prohibiting the use of fake indicators of social media influence, and fake review...more
In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more
9/10/2024
/ Advertising ,
Celebrity Endorsements ,
Compensation ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Endorsement Guidelines ,
Incentives ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements
The Federal Trade Commission, as we previously reported, has published a Final Rule on consumer reviews and testimonials that prohibits certain practices the FTC deems to be deceptive or misleading in six areas: (1) fake or...more
The Federal Trade Commission (FTC) has published a long anticipated Final Rule that prohibits certain practices that the FTC deems misleading or deceptive when it comes to consumer reviews and testimonials. As we anticipated...more
9/4/2024
/ Advertising ,
Celebrities ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements
A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more
Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more
Federal Made in U.S.A. Rule -
In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more
5/9/2022
/ Advertising ,
Beverage Manufacturers ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Livestock Protocol ,
Made in the USA ,
Manufacturers ,
Metals ,
New Rules ,
Product Labels ,
Proposition 65 ,
Recycling ,
Regulatory Oversight ,
Slack-Fill Suits
Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more
Competitive markets and squeezed margins are forcing retailers to be more innovative in their advertising efforts. More frequently, we are seeing advertisements for "free trial" periods for goods and services, often leading...more
1/24/2018
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Canada ,
Caudalie ,
Coty ,
European Commission ,
Retailers ,
Sales & Distribution Agreements ,
Sexual Stereotyping ,
Subscription Services ,
Transgender ,
UK ,
Website Accessibility
From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more
11/30/2017
/ Advertising ,
Breach of Contract ,
Cosmetics ,
Diversity ,
EU ,
Fashion Industry ,
France ,
Franchise Agreements ,
Human Trafficking ,
Managers ,
Minors ,
Modern Slavery Act ,
Photographs ,
Retailers ,
UK ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
In a decision likely to have important implications for regulation of commercial speech, the Ninth Circuit Court of Appeals has blocked a San Francisco ordinance requiring warnings about the health effects of certain...more
On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...more
8/1/2017
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Anti-Competitive ,
Counterfeiting ,
Cybersecurity ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
EU ,
EU Single Market ,
Logos ,
Retailers ,
Title III ,
Trademark Infringement ,
Trademarks ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
Baby food maker Gerber has scored a partial victory in a false labeling would be class action. The Ninth Circuit in Bruton v. Gerber Prods. Co., Case No. 15-15174, has reversed itself and thrown out a deceptive labeling claim...more
The Ninth Circuit has revived a proposed class action against Gerber, saying the mother who sued it for labeling its sugar-laden baby food as “natural” only had to prove the labels were misleading, not necessarily false....more
Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more