News & Analysis as of

Risk Management False Advertising

Perkins Coie

Psychoactive Kratom Draws Continued Scrutiny and Legal Action

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In recent years, plaintiffs have increasingly set their sights on kratom, a controversial botanical supplement, as a target for litigation. With at least 15 putative class-action cases filed in the past year alone, this...more

Kelley Drye & Warren LLP

Ad Law News and Views - March 2025

IN THE NEWS AND LATEST UPDATES - What’s Next at FTC Following Firings of Democratic Commissioners? It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service...more

BakerHostetler

[Podcast] AD Nauseam: The Safety Dance on Safety Claims

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In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including...more

Blake, Cassels & Graydon LLP

Indications relatives à l’origine canadienne des produits : Risques liés à la réglementation et à la responsabilité civile

Les consommateurs canadiens sont de plus en plus favorables à l’idée de privilégier les produits locaux et, par conséquent, scrutent plus que jamais les étiquettes pour connaître l’origine des produits. De leur côté, les...more

Arnall Golden Gregory LLP

Haven’t Got Time for the Panel: OPDP Issues Its First Notice of Violation of 2025

This (bad) pun of the 1974 Carly Simon song, “Haven’t Got Time for the Pain,” came to mind when we read the Food and Drug Administration’s Office of Prescription Drug Promotion’s (“OPDP”) first Notice of Violation of 2025....more

Kilpatrick

Takeaways | Key Takeaways from the Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps

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Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, was honored to present alongside La Toya Sutton of the Clorox Company, at the American Conference...more

NAVEX

Exploring California’s AI Laws

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California sets the pace for all sorts of trends in the world – so perhaps compliance officers should take note of two recent advisories the state’s attorney general published on artificial intelligence. They capture a lot...more

BakerHostetler

Complying with the Mail Order Rule and Satisfaction Guarantees: Poor Customer Service Can Cost Millions

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Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more

Amundsen Davis LLC

Will Greenwashing Cost Your Company the Green? Mitigating ‘Greenwashing’ Litigation: Defining the Issue and Identifying Strategies

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Consumers are increasingly environmentally conscious. Companies, especially retailers, are subject to increased demands for transparency and accountability regarding the sustainability and eco-friendliness of their products....more

Venable LLP

Made in USA Claims: An Excerpt from the Advertising Law Tool Kit

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Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more

Pagefreezer

5 Reasons Organizations Should Be Archiving their Social Media Accounts

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In an era where a single social media mishap can spiral into a legal nightmare, social media archiving is increasingly becoming a safety net for organizations....more

Society of Corporate Compliance and Ethics...

Environmental marketing risk

Much is made of the need for accurate reporting in accordance with recognized standards. But this month, I’m returning to a topic I briefly touched on in July 2023, when I discussed the potential for misleading images and...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

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Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Greenberg Glusker LLP

[Webinar] Greenwashing and its Dirty Consequences - January 24th, 10:00 am - 11:00 am PST

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This panel will review the regulatory framework, business risks, and litigation risks associated with green marketing, “greenwashing,” and false and misleading advertising. We will also discuss the basics of the...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2022

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As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

Bracewell LLP

Litigation and Enforcement Impact of the SEC's Proposed Rules on Climate-Related Disclosure

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The Securities and Exchange Commission’s Proposed Rules on Climate-Related Disclosure, released March 21, 2022, represent a significant change in public company disclosure requirements and, if adopted, will have far-reaching...more

Royer Cooper Cohen Braunfeld LLC

Recent Decision Adds Additional Risk For Pennsylvania-based Businesses; Pennsylvania’s Consumer Protection Law Widens

It’s never been a better time to shop, work or spend leisure time at home – the internet and television are flooded with advertisements for amazing products with the ability to improve our lives and make things easier....more

Robins Kaplan LLP

Interview with Stacey Slaughter, Partner at Robins Kaplan LLP

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As Robins Kaplan’s COVID-19 Class Action Litigation Task Force practice lead, Ms. Slaughter describes for us COVID-19’s effect on class action litigation and how her practice is navigating these changing and uncharted times....more

Hogan Lovells

Business integrity for consumer companies

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Consumer companies around the world are incorporating sustainability, business integrity, and brand purpose into their business operations. This can include procuring ethically sourced products, ensuring fair pay, or...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Dialogue With Corporate Counsel: Skadden’s Ninth Annual Pharmaceutical and Medical Device Seminar

On October 22, 2019, Skadden hosted our Ninth Annual Pharmaceutical and Medical Device Enforcement and Litigation Seminar in New York, which focused on U.S. enforcement issues companies face throughout the industry. The key...more

King & Spalding

De Minimis Content Claims: Small Amounts, Big Deal

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Food and beverage companies doing business in the United States should be aware that lawsuits are being brought against businesses based on small amounts of ingredients and trace amounts of substances that are incidentally in...more

Foley Hoag LLP

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

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This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

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