5 Key Takeaways | The Law of Advertising
Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more
A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more
I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more
Last year, we discussed the ever-increasing interest in green branding and how marketing claims related to the environment are receiving increased scrutiny by Canadian regulatory authorities. It should therefore come as no...more
In a significant legal maneuver with potentially far-reaching implications, California Attorney General Rob Bonta filed an amended complaint on June 10, 2024, to California’s high-profile lawsuit targeting five of the world’s...more
“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
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve an advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds,...more
With November’s Election Day less than five months away and an onslaught of political ads already hitting the airwaves and social media feeds, many state legislatures have enacted or are considering passing legislation...more
Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels: Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq....more
Federal Trade Commission. Deceptive real estate listings. On April 3, 2024, FTC announced close to $62 million in refunds for consumers misled by deceptive marketing and advertising practices used by Opendoor Labs, Inc., an...more
Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors. In many cases, the plaintiffs allege such...more
The Federal Circuit’s decision in Luv N’ Care v. Laurain (April 12, 2024) addresses the legal standards for remedying egregious forms of deceptive conduct by patent owners through the equitable barring of relief and patent...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
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the asserted patents were not unenforceable for inequitable conduct, determining that statements made by counsel to the US Patent &...more
On February 15, 2024, the Federal Trade Commission (FTC) announced a two-step approach to tackling impersonation fraud. First, the FTC finalized a rule regulating the impersonation of businesses and government entities (the...more
Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more
The winding path of Ag Gag legislation in Iowa has become significantly straighter in 2024. First, in January, the U.S. Court of Appeals for the Eighth Circuit reversed lower court rulings that blocked Iowa state laws seeking...more
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more
On December 15, in conjunction with the DOJ’s Consumer Protection Branch efforts to crack down on fraud, the DOJ unsealed two cases against groups that allegedly stole money from consumer accounts with financial institutions....more
The US Senate Commerce, Science, and Transportation Committee’s Subcommittee on Communications, Media, and Broadband (“Subcommittee”) held a hearing on “Protecting Americans from Robocalls.” Testifying before the Subcommittee...more