Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about...more
9/23/2025
/ Artificial Intelligence ,
COPPA ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
NAD ,
Regulatory Agenda ,
Section 5 ,
Trade Conference ,
Unfair or Deceptive Trade Practices
This year’s National Advertising Division’s (NAD) Annual Conference demonstrated that the self-regulatory process remains an active venue for companies interested in challenging competitor advertising claims....more
9/22/2025
/ Advertising ,
Advertising Substantiation ,
Artificial Intelligence ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Regulatory Oversight ,
Social Networks ,
Trade Conference
President Trump has signed a presidential memorandum, “Addressing Misleading Direct-To-Consumer Prescription Drug Advertisements.” ...more
9/16/2025
/ Advertising ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
False Advertising ,
Food and Drug Administration (FDA) ,
Influencers ,
Prescription Drugs ,
Presidential Memorandum ,
Regulatory Oversight ,
Social Networks ,
Telehealth
Texas’s amended telemarketing registration law takes effect on September 1. Although the law is not new, the legislature expanded it to apply to text messages. Under Texas’s existing law, a company that makes telephone...more
Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that...more
8/20/2025
/ Advertising ,
Appeals ,
Class Action ,
Disclosure Requirements ,
Dismissals ,
Influencers ,
Motion to Dismiss ,
Online Endorsements ,
Putative Class Actions ,
Social Media ,
Unfair or Deceptive Trade Practices
The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more
7/17/2025
/ Class Action ,
Consumer Protection Laws ,
Do Not Call List ,
Enforcement Actions ,
FCC ,
Hobbs Act ,
Loper Bright Enterprises v Raimondo ,
Marketing ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Mobile Devices ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telemarketing
The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more
7/9/2025
/ Administrative Procedure Act ,
Appeals ,
Consumer Protection Laws ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Judicial Authority ,
Negative Option Rule ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
Subscription Services ,
Telemarketing Sales Rule ,
Vacated
On July 1, California's amended autorenewal law takes effect, and the Federal Trade Commission's (FTC) updated enforcement deadline for the primary requirements of the updated Negative Option Rule (so-called Click to Cancel...more
In a decision underscoring the complexity and risks of making environmental marketing claims, the National Advertising Division (NAD) issued a decision in a challenge brought by the International Bottled Water Association...more
On May 8, the White House announced President Trump's first trade deal under his America First Policy. The deal struck between the United States and the United Kingdom will revise some of the tariffs imposed on the UK so far...more
On Friday, the Federal Trade Commission voted to defer the compliance deadline for the amended Negative Option Rule by 60 days. The Commission issued a statement on the new deadline....more
This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,...more
4/22/2025
/ Aluminum Sales ,
Automotive Industry ,
B2B Organizations ,
Canada ,
China ,
Contract Termination ,
Contract Terms ,
Force Majeure Clause ,
Mexico ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Termination ,
Trump Administration
On April 4, the California Department of Resources Recycling and Recovery (CalRecycle) published its final material characterization study report, starting the clock for compliance with Senate Bill No. 343 (SB 343), also...more
The Trump administration transformed global trade policies by implementing a series of sweeping tariffs. Advertisers should ask the following questions...more
4/15/2025
/ Advertising ,
Country of Origin ,
Customs and Border Protection ,
Imports ,
Product Labels ,
Product Pricing ,
Regulatory Requirements ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
On April 7, the Federal Communications Commission (FCC) granted a limited waiver delaying by an additional year the effective date of certain parts of the new Telephone Consumer Protection Act (TCPA) rule. ...more
4/10/2025
/ Consent ,
Effective Date ,
FCC ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
Regulatory Requirements ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Time Extensions ,
Waivers
Every company will be impacted by the new import tariffs, as they increase manufacturing costs. However, companies selling on an autorenewal basis could disproportionately feel the impact and should proceed with caution...more
4/8/2025
/ Automatic Renewals ,
Cancellation Rights ,
Class Action ,
Consumer Contracts ,
Consumer Protection Laws ,
Contract Terms ,
Customs and Border Protection ,
EFTA ,
Federal Trade Commission (FTC) ,
Imports ,
Material Change Doctrine ,
Notice Requirements ,
Regulatory Requirements ,
State Attorneys General ,
Subscription Services ,
Supply Chain ,
Tariffs
In one of the first settlements since the new administration took office, the Federal Trade Commission (FTC) announced a $17 million monetary judgment with Cleo AI to resolve allegations that Cleo violated Section 5 of the...more
4/2/2025
/ Automatic Renewals ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FinTech ,
Mobile Apps ,
Popular ,
ROSCA ,
Settlement ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more
3/19/2025
/ Advertising ,
Consumer Protection Laws ,
Content Marketing ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Social Networks ,
Third-Party ,
Unfair or Deceptive Trade Practices
When working with influencers, companies can do everything right, from drafting an influencer agreement to creating a stellar marketing plan. All elements of the ideal campaign are in place. But when you tune in to see the...more
Venable's AdLaw Symposium is back!
Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
3/7/2025
/ Advertising ,
Artificial Intelligence ,
Auto-Renewal ,
Best Practices ,
Beverage Manufacturers ,
Chief Compliance Officers ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food Manufacturers ,
Greenwashing ,
Legal Ethics ,
Marketing ,
NAD ,
Pricing ,
Privacy Laws ,
Risk Mitigation ,
State Regulators ,
Subscription Services
Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more
2/4/2025
/ Consumer Protection Laws ,
Corporate Misconduct ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Putative Class Actions ,
State Law Claims ,
Sustainability ,
Unfair or Deceptive Trade Practices
On Friday, the Eleventh Circuit, in Insurance Marketing Coalition Ltd v. FCC, found that the Federal Communications Commission (FCC) overstepped its statutory authority in implementing robocall and robotext "one-to-one...more
Last Friday in a 2-1 order, the Eighth Circuit Court of Appeals rejected an initial challenge to the Federal Trade Commission’s (FTC) Negative Option Rule. The challengers had asked the court to stay the Rule from taking...more