News & Analysis as of

Misleading Statements FTC Act Advertising

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 7

New Suit Claims "Scientifically False" Pheromone Ads Are "Pure" False Advertising - "It's not myth. It's science." So claims Pure Instinct in its ads for pheromone perfumes. But a new class action lawsuit claims it's not...more

Venable LLP

DOJ Dismisses Lawsuit Over COVID Nasal Spray False Advertising

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On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 3

FTC's Final Junk Fees Rule Narrowed in Scope - On December 17, 2024, the Federal Trade Commission (FTC) released its final Rule on Unfair or Deceptive Fees, commonly known as the "Junk Fees Rule." This final rule has a...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

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On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

Hinch Newman LLP

Did Your Company Receive an FTC Warning Letter or Notice of Penalty Offense?

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Has your company received an FTC warning letter or a penalty offense notice? If so, such correspondence should not be ignored because there is a high likelihood that the FTC is in the process of actively and quickly seeking...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

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As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Venable LLP

What’s the FTC “Up To?” Arise Virtual Solutions and the Gig Economy

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Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more

Hinch Newman LLP

Ad Agency Liability and the FTC

Hinch Newman LLP on

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

Davis Wright Tremaine LLP

Claims Must Be Substantiated — It Seems So Obvious, but the Who, What, Where, and How Is Not Always So Clear

When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

ArentFox Schiff on

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

Davis Wright Tremaine LLP

In a One, Two, Three Punch, the FTC Issues Updated Endorsement Guides

The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more

Troutman Pepper Locke

FTC’s New Rule on Made in USA Labels Precludes Advertisers from False and ‎Misleading Statements About ‎Products’ Origin

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On July 1st, the Federal Trade Commission (FTC) issued a new rule to deter what ‎the Commission characterized as “rampant fraud” in the use of Made in USA ‎labels. The effective date of the new rule will be thirty days from...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2019: Zero Stars: FTC Settles with Skincare Company Over Fake Online Reviews

Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more

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