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Enforcement Priorities Advertising

Fenwick & West LLP

DOJ’s Monopolization Wins Against Google May Spur Greater Enforcement Activity Under Trump 2.0

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On April 17, 2025, U.S. District Judge Leonie Brinkema held that Google had violated both Sections 1 and 2 of the Sherman Act by unlawfully monopolizing the publisher ad server and ad exchange markets and engaging in...more

Holland & Knight LLP

FTC Regulatory and Enforcement Shifts Under New Leadership

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In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the direction of the Federal Trade Commission (FTC) under Chairman Andrew Ferguson. Ferguson is expected to...more

K&L Gates LLP

Competition and Consumer Law Round-Up: December 2024 – January 2025

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What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as...more

Stikeman Elliott LLP

It’s Not Easy Bein’ Green: New Greenwashing Guidance & Public Consultation

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The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Goodwin

FTC Crackdown on False or Misleading “Made in the USA” Claims

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The US Federal Trade Commission (FTC) is intensifying a crackdown on goods that are falsely or misleadingly marketed as “made in the USA.” Since the FTC, in its Made in USA Labeling Rule, 86 FR 27022 (July 14, 2021), 16 C.F.R...more

BakerHostetler

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

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A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...more

WilmerHale

California AG Announces Second CCPA Enforcement Action

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On February 21, the California Attorney General (“AG”) announced a settlement with DoorDash, an online food delivery service, to resolve allegations that the company violated the California Consumer Privacy Act (CCPA) and...more

WilmerHale

FTC Calls Out Genetic Data as an Enforcement Priority

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The Federal Trade Commission (FTC) recently published a post on their Business Guidance Blog discussing lessons learned from three enforcement actions against sellers of genetic testing products. These guidelines address...more

BakerHostetler

The FTC Looks for Junk (Fees) in the Trunk

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The Federal Trade Commission (FTC) and the state of Connecticut recently alleged that Manchester City Nissan engaged in deceptive and unfair practices by adding illegal junk fees to the cost of cars. Although not the battle...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

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

Holland & Knight LLP

The Other Price Transparency Shoe Has Dropped: FTC Proposal Targets Consumer Sales "Junk Fees"

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The Federal Trade Commission (FTC) has issued a new proposed trade regulation rule that would make it an unfair and deceptive practice to misrepresent the total costs of goods and services by omitting mandatory fees from...more

Latham & Watkins LLP

Australian Competition and Consumer Commission Adopts Tougher Stance on Greenwashing

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The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more

Venable LLP

FTC Consumer Protection Chief Sam Levine Outlines FTC Priorities at the NAD Conference

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On September 19, Sam Levine, the director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined the agency’s priorities at the annual conference of the National Advertising Division. Here are the...more

BakerHostetler

2023 DSIR Report Deeper Dive: Privacy at the FTC - What Are the Hot Topics Almost Two Years Into the Khan Administration?

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It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on...more

Benesch

The FTC Has Not Taken Its Foot Off the Pedal on "Made in the USA" Claims

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The fact that the Federal Trade Commission  (“FTC”) has been active over the last two-plus years is far from breaking news. While it has gained tremendous attention for its relatively new interest in certain big issues—e.g.,...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

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On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

WilmerHale

FTC Warns Companies About AI Claims

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On February 27, the Federal Trade Commission (FTC) released a blog post advising companies to monitor their claims regarding their use of artificial intelligence (or AI). ...more

Latham & Watkins LLP

FCA Implements Strategies to Clamp Down on Illegal Social Media Financial Promotions

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The regulator described the steps it is taking to increase scrutiny of advertisements about financial products and services on social media platforms. On 3 February 2023 the FCA published an analysis of its financial...more

Goodwin

Agency Actions Show Shared Focus On Digital Ad Tactics

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Coordinated actions taken by federal regulators and enforcement agencies over the last year have demonstrated a new focus on assailing two distinct practices in digital advertising: the use of algorithms for targeting...more

WilmerHale

FTC Signals Additional Coordination With State AGs

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The Federal Trade Commission (FTC) has brought far more consumer protection enforcement actions in conjunction with state attorneys general’s offices this year, and the trend shows no signs of slowing down. For example,...more

Venable LLP

Takeaways from NAD 2022: The FTC’s Enforcement Priorities, New Technologies, Dark Patterns, and the Usual Suspects

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​​​​​​​Last week, the National Advertising Division of the Better Business Bureau National Programs (NAD) held its annual conference. The wide array of speakers covered a broad range of topics, from the metaverse to dark...more

Venable LLP

The FTC Brings More Light to Dark Patterns in New Staff Report

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​​​​​​​By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as...more

BakerHostetler

TINA Issues Warning Letters to Celeb NFT Endorsers

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​​​​​​​From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own...more

Goodwin

CFPB and DOJ Order Mortgage Company to Pay Over $22 Million for Advertising and Marketing Discrimination

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​​​​​​​On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) filed a complaint and proposed consent order in a federal district court alleging that a mortgage company...more

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