Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more
It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more
Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more
On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more
In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to recently co-present with Pamela Deese, partner at ArentFox Schiff, at a...more
Hosted by American Institute, the 6th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation returns for another exciting year with curated programming that shines a spotlight on finding solutions...more
In December 2022, the the Federal Trade Commission published new guidance regarding representations about the benefits and safety of health-related products: Health Products Compliance Guidance. Federal Trade Commission...more
Selling. It’s the lifeblood of capitalism and is ultimately a company’s primary goal. To sell, a company must distinguish itself in the marketplace, and the way to do that is often by making claims. However, the law requires...more
Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more
Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more
In theory, a product brand name can communicate a false advertising message, but it doesn’t happen often in practice. Such an instance was found to have occurred according to a recent decision by the National Advertising...more
Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case similar to February’s Sale Slash...more
We blog frequently about new regulatory developments coming from CPSC or FDA and about enforcement actions brought by those federal agencies as well as state counterparts and private plaintiffs. But we don’t very often...more
Lumos Labs recently paid $2 million to the FTC to settle claims that it deceived consumers about its brain training application’s ability to increase cognitive function. According to the FTC, the company alleged that its...more
Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more
The food industry has become a fertile ground for class action lawsuits over the last few years and shows no signs of slowing down. New cases are decided daily. There are several factors that drive this trend and that are...more
NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more
Excerpt from Orange Juice Suit Squeezes Its Way Forward - In the latest consumer class action alleging false “natural” claims, a federal court judge in New Jersey ruled that Tropicana Products cannot avoid an action...more
It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why...more
In This Issue: Energy Drink Draws the Ire of the NAD; User Files TCPA Suit Against Yahoo; and Yogi Can’t Bend the Law for Copyright Protection....more