The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more
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
When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more
At the end of June 2023, the FTC proposed a new rule targeted at deceptive reviews in the marketplace. The proposed rule would prohibit advertisers and marketers from employing illicit review and endorsement practices such as...more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
As discussed by ecommerce law attorney Richard B. Newman, here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price...more
The FTC issued orders to eight social media and video streaming platforms—Meta Platforms, Inc.; Instagram, LLC; YouTube, LLC; TikTok Inc.; Snap Inc.; Twitter, Inc.; Pinterest, Inc.; and Twitch Interactive, Inc.—requiring them...more
On March 2, the FTC filed a complaint against an online counseling service alleging the respondent violated the FTC Act by monetizing consumers’ sensitive health data for targeted advertising purposes. As part of the process...more
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more
Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more
On Monday, August 1, 2022, the Massachusetts House and Senate reached a last-minute deal to legalize retail and online sports betting throughout the state. The bill, which Governor Charlie Baker is expected to sign in the...more
It’s never been a better time to shop, work or spend leisure time at home – the internet and television are flooded with advertisements for amazing products with the ability to improve our lives and make things easier....more
Kilpatrick Townsend partners Ty Lord and Laura Miller and Jeremy Liebman, Senior Counsel at Krispy Kreme, recently discussed “The Law of Advertising” at an Association of Corporate Counsel CLE (Charlotte Chapter)....more
Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more
Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more
A popular YouTube channel for kids is the subject of a new complaint filed by Truth in Advertising (TINA) with the Federal Trade Commission (FTC). TINA accused Ryan ToysReview, starring 7-year-old Ryan Kaji, of engaging in...more
In a new false advertising class action, a Virginia resident accused Godiva of deceptively promoting its chocolate products to make them seem as if they were made in Belgium—despite the fact that they are produced in...more
Nectar Sleep LLC should discontinue “limited offer” advertising claims for its Nectar mattress, the National Advertising Division (NAD) recommended in a challenge brought by competitor Tuft & Needle....more
Pricing problems will cost Dollar General $1.75 million in a settlement with the Vermont attorney general. The national retailer ran afoul of the state’s Consumer Protection Act by selling products that were advertised on...more
Keeping patients well informed is a core principle of American healthcare policy, and advertising plays an important role in getting important information out to the public. The laundry list of side effect warnings featured...more
The Federal Trade Commission’s approval of a pair of settlements involving defendants accused of making deceptive “Made in USA” claims revealed a split among the commissioners with regard to the agency’s use of remedies....more
Siding with the government, a California appellate panel held that section 17501 of the Business & Professions Code was not unconstitutionally vague on its face or as applied to national retailers accused of deceptive...more
Indiana Attorney General Curtis Hill has sued a Texas-based promotions company, alleging that Hopkins and Raines, Inc., deceptively advertised promotions on behalf of motor vehicle dealerships in violation of state law....more
While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores....more