AD Nauseam: A Different Type of Imposter Syndrome
Key Takeaways - The Food and Drug Administration’s Office of Prescription Drug Promotion (“OPDP”) is scrutinizing overall “net impression,” not merely isolated claims. The recent wave of Untitled Letters shows that...more
Litigation under Washington’s CEMA, RCW 19.190, have flooded courts following a ruling from the Washington Supreme Court on April 17, 2025, which held that email subject lines containing false or misleading information were...more
The iconic McRib, a limited-time fan favorite, recently ignited a high-profile sandwich controversy, leading to a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois (see Le, et al. v....more
Class actions challenging allegedly misleading food labels remain a staple of consumer litigation, particularly in California. One well-known northern California District Court is universally known to class action...more
We’ll dive into 2025’s most buzzworthy and controversial advertising campaigns and explore why these campaigns dominated headlines. From celebrity-driven promotions and AI-generated ads, to the Competition Bureau’s heightened...more
Key Takeaways - FDA evaluates direct-to-consumer ads based on the overall impression conveyed to consumers. Visuals, graphics, and on-screen text can equally contribute to an ad’s message. SUPERs function only as secondary...more
In Brown v. Old Navy, LLC, 567 P.3d 38 (Wash. 2025), the Washington Supreme Court recently interpreted the state’s Commercial Electronic Mail Act to prohibit any false or misleading information in the subject line of a...more
On October 13, Vermont Attorney General (AG) Charity R. Clark announced a settlement with Angi, Inc., (Angi), resolving allegations related to misleading marketing practices....more
Since 2023, Washington courts have seen more than 25 cases filed for alleged violations of Washington’s Commercial Electronic Mail Act (CEMA). ...more
On today’s episode of AD Nauseam, Amy and Daniel explore the legal and regulatory challenges of deceptively formatted advertising, often referred to as native advertising, focusing on how the FTC and NAD assess whether...more
he Food and Drug Administration (FDA) issued a press release on Sept. 9 announcing a “crackdown” on direct-to-consumer (DTC) pharmaceutical advertising and promising “sweeping reforms" in line with President Trump's same-day...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and the state level. Check out our new FTC Consumer...more
Two recent stories highlight how the use of AI can create challenges around perception and trust. The first involves Will Smith. ...more
On March 21, Florida Attorney General (AG) James Uthmeier’s Consumer Protection Division announced the resolution of ongoing litigation against a network of moving brokerage companies accused of misleading consumers. These...more
Alaska’s Department of Law’s Consumer Protection Unit recently announced it obtained a Superior Court order issuing a $250,000 civil penalty against B. Merry Studio, which the state alleged to have marketed products as being...more
Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more
The Justice Department is asking a federal court to issue a permanent injunction against cash advance firm Dave Inc. and its CEO Jason Wilk, alleging that the company uses misleading marketing tactics to deceive consumers...more
Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, SEC Chair Gary Gensler announced his imminent departure in January 2025...more
On November 22, 2024, the United States Supreme Court dismissed Meta’s appeal of the United States Court of Appeals for the Ninth Circuit’s decision to partially reinstate a putative class action asserting claims under the...more
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
Canada’s Competition Tribunal (Tribunal) recently released its reasons in the first contested case to apply the amended misleading representations provisions of the Competition Act (Act). The Tribunal’s decision assessed...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
On October 2, 2024, the Commodities Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and the United States Attorney’s Office for the Southern District of New York announced parallel...more
Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California...more
On September 9, Colorado Attorney General (AG) Phil Weiser issued a public advisory warning voters about the dangers of election misinformation and disinformation in the form of realistic-looking images, videos, and audio...more