Podcast - The FTC and Consumer Online Transactions
5 Key Takeaways | Navigating False Advertising Litigation Challenges, Strategies, & Risk Mitigation
Why Does Everyone Say 'The Big Game' Instead of 'Super Bowl'? — No Infringement Intended Podcast
5 Key Takeaways | The Essentials of Advertising Claims Substantiation
Tracking Trends in State-Level Consumer Protection Enforcement
Podcast - Tips for Maintaining FTC Compliance When Using AI
Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies
(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions
Key Takeaways from Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
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 6 – Mitigating Class Action Exposure
AD Nauseam: NAD and Why Can’t We Be Friends
Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls
Podcast: Dietary Supplements – Navigating the Regulatory Maze – Diagnosing Health Care
AD Nauseam: A Very Special AD Nauseam – Back to School
December Monthly Minute | The National Advertising Division (NAD)
Last week, a federal judge in the Northern District of California ruled on Uber’s motion to dismiss a case brought by the Federal Trade Commission (FTC) alleging deceptive practices in connection with its Uber One...more
The most consequential risks facing consumer goods manufacturers rarely originate in the legal department. Instead, they arise upstream in the gaps between what the regulatory team believes state and federal laws require,...more
Regulators have been steadily tightening the screws on “junk fees” across the economy — from hotel resort fees to “service” and other charges when buying live event tickets. The Federal Trade Commission’s (FTC) rule on unfair...more
On April 14, 2026, announced were three Federal Trade Commission law enforcement actions involving three companies that allegedly deceived American consumers by falsely claiming, in advertising and labeling, that their...more
Key Takeaways - The Washington Supreme Court recently ruled against a plaintiff’s claims that the originally listed price of an on-sale article of clothing was deceptive and constituted a “false discounting scheme.”...more
On March 13, the Trump administration issued an executive order (EO), “Ensuring Truthful Advertising of Products Claiming to be Made in America,” aimed at ensuring products advertised as “Made in America” or “Made in USA” are...more
The Washington State Supreme Court has issued an important decision regarding the type of injury that a plaintiff must allege for a claim under the Washington Consumer Protection Act. In Montes v. Sparc Group LLC, the court...more
In the year since the Washington Supreme Court opened the floodgates to subject line litigation, nearly 100 lawsuits have been filed in Washington State seeking rich statutory penalties for routine marketing subject lines,...more
Advertising Claims Substantiation Objective advertising claims must be supported by prior substantiation. These claims—whether express or implied—generally concern measurable or otherwise verifiable attributes of a dietary...more
On April 2, the FTC and the Maryland attorney general announced a proposed settlement with an automotive dealership group and its executives to resolve allegations that they systematically deceived consumers with falsely...more
In May 2025, the Federal Trade Commission's Rule on Unfair and Deceptive Fees (the "Fees Rule") took effect. The Rule prohibits hidden fees in the live-event ticketing and short-term lodging industries under the theory that...more
Courts may refuse to enforce online arbitration clauses when checkout-page design buries notice of mandatory arbitration through cluttered layouts, low-contrast links, and visually dominant purchase buttons....more
Maryland AG Anthony Brown and the FTC reached a settlement with the Lindsay Automotive Group and related entities to resolve allegations that the dealerships violated the Maryland Consumer Protection Act and the FTC Act...more
On March 20, the Fifth Circuit Court of Appeals held that the administrative adjudication of deceptive advertising claims by the Federal Trade Commission (FTC) violates the constitutional separation of powers, which grants...more
A recent federal court decision is a helpful reminder for any company whose products carry a “Made in the USA” label — or anything close to it...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection enforcement and regulation. We cover developments with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau, and...more
Consumer demand for GLP‑1 drugs such as Ozempic and Zepbound continues to surge, fueling rapid growth in the market for GLP-1 drugs and compounded GLP-1 products, as well as supplements that are marketed to have similar...more
Two recent verdicts have held social media companies liable for harming their users, one for $375m and one for $6m. The verdicts have “reverberated around the world” according to one recent article. According to another,...more
On April 2, 2026, the Federal Trade Commission (FTC) and Maryland Attorney General’s Office announced they had settled a lawsuit brought by the agencies against a dealer group based in Maryland for alleged deceptive...more
Online commerce may not be a new concept, but the laws governing it continue to evolve. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines the history of the Federal Trade...more
In Retailers on Alert: The New Wave of Email Marketing Lawsuits, we discussed a growing wave of lawsuits targeting common email marketing practices under state anti-spam statutes, particularly Washington’s Commercial...more
Most people know the opening chant of Disney's "The Lion King," even if they can't quite place the words. That chant, "Nants'ingonyama bagithi Baba," was composed and originally performed in 1994 by Grammy-winning South...more
The National Advertising Division (NAD) recently reiterated several longstanding principles of comparative advertising in a monitoring decision concerning skincare product ads. In Pretty Boy, Inc. (Case No. 7495), NAD...more
The FTC is now prioritizing enforcement of its Consumer Review and Testimonials Rule, issuing warning letters to companies using fake reviews, undisclosed incentives or misleading testimonials, and demanding immediate...more
Courts are making clear that a consumer’s subjective interpretation of a product’s name isn’t enough to support a false-advertising claim. Instead, those claims fail unless the seller made a statement that would mislead a...more