Online reviews have a profound effect on businesses. For many locally owned businesses, they can make or break their future. Reviews can affect consumer trust, reputations, and purchasing decisions. In this day and age,...more
Introduction - In today's world, the spotlight on Environmental, Social, and Governance (ESG) practices is brighter than ever. Stakeholders, including investors, consumers, and even corporate employees, are demanding that...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
In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more
While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts towards such lawsuits, particularly where plaintiffs fail to adequately...more
On June 17, 2024, the Federal Trade Commission announced an action against software maker Adobe and two of its executives for allegedly deceiving consumers by hiding the early termination fee for its most popular subscription...more
Plaintiff Says Splenda 100% Natural Ad Claims Leave a Bitter Taste - A class action lawsuit accuses the makers of Splenda Naturals Stevia, a sugar alternative, of misleading consumers with the claim that the product is...more
On June 4, 2024, the Consumer Financial Protection Bureau issued a circular warning against the use of unlawful or unenforceable terms and conditions in contracts for consumer financial products or services. According to the...more
Nebraska AG Mike Hilgers filed a lawsuit against TikTok Inc. and affiliated entities alleging that the social media company violated state consumer protection laws by making deceptive representations regarding the TikTok app....more
This latest Federal Communications Commission (FCC) action addressing artificial intelligence (AI) would, if adopted, aim to protect voters against deceptive information, including “deep fakes,” in political ads. Pursuant...more
SB 343 was passed by the California Legislature and signed into law by Governor Newsom in 2021, and it was intended to limit deceptive or misleading claims about the recyclability of products and packaging. It sought to do so...more
With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
On March 7, 2024, Health Canada published a Memorandum of Understanding (MOU) with the Competition Bureau (together, Participants) to advance their mutual interests and develop a framework of cooperation to assist in...more
FTC Alleges Avast Delivered Deception While Promising Protection - Advertising data privacy but delivering just the opposite, that's what the Federal Trade Commission (FTC) says software company Avast Limited (Avast) has...more
A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that...more
As a lawyer handling product liability cases, I’ve come across numerous instances that highlight the often dangerous shortcomings of child safety products. But nothing quite underscores the gravity of this issue like the...more
Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic amended its goods twice during prosecution of the...more
On December 11, 2023, the Federal Trade Commission announced that it has obtained proposed orders against the operators of a purported wide-ranging scheme known as “The Sales Mentor” that allegedly made millions by falsely...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more
FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more
Nebraska AG Mike Hilgers filed a series of coordinated lawsuits against a number of retailers selling edible THC-containing products in the state alleging that the retailers have violated Nebraska’s consumer protection...more
The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels...more
New York AG Letitia James filed a lawsuit against cryptocurrency companies Gemini Trust Company, LLC; Genesis Global Capital, LLC and its affiliates (“Genesis”); Digital Currency Group, Inc.; and the CEOs of Genesis and DCG...more