PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
This week, the Center for Industry Self-Regulations launched the Institute for Responsible Influence, an entity whose first key initiative will be a certification program designed “to elevate transparency, strengthen...more
I suspect my entry into the hemp market was similar to many of yours. I have never been a regular consumer of THC and consider myself a rule follower. A few years ago, I noticed new cannabis boutiques popping up in my...more
A recent NAD decision looks at an issue that frequently comes up for advertisers but doesn’t often make its way into NAD decisions—how companies can use charts to compare features they offer against those offered by their...more
When the FTC proposed its consumer reviews and testimonials rule in 2023 (discussed here), it included a provision targeting so-called “review hijacking” — the practice of reusing reviews written for one product to promote a...more
Two recent stories highlight how the use of AI can create challenges around perception and trust. The first involves Will Smith. ...more
This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more
Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more
If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as...more
While the current Trump administration has taken multiple actions to prioritize American manufacturers and products, it is important to remember that the requirements to make a “Made in the USA” claim in your advertising has...more
DREO advertises that it is the “No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the “number 1” brand in both of those categories. Because there can’t be two “number 1”...more
Simpler Hair Color (or “SHC”) advertises that its products are “Rated #1 Men’s Hair Color” and “Rated #1 Men’s Hair & Beard Color” based on “Trustpilot.com verified reviews.” Combe, a competitor, challenged the #1 claims...more
This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement. The...more
Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little...more
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
On January 30, 2025, the CFPB issued an order against a remittance company for misleading consumers about fees and failing to provide accurate disclosures, harming consumers who relied on the company’s representations when...more
The National Advertising Division (NAD) of the Better Business Bureau is just like us! They seem to watch “Love Island” and maybe even “Too Hot to Handle” (#blushing) if the latest news is any indicator....more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, the...more
Intuit, Inc. certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Just a few...more
Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more
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
On September 20, 2023, the SEC adopted final amendments to Rule 35d-1 of the Investment Company Act of 1940 (the “Names Rule”). Under the Names Rule, originally adopted in 2001, funds registered under the Investment Company...more
On September 20, the SEC adopted amendments (as set forth in the final rule and as discussed in the fact sheet) to the Investment Companies Act rule that requires investment companies whose names suggest a focus in a...more
On July 25, 2023, Representative Ted Lieu and 19 other Democratic lawmakers from the U.S. House of Representatives and Senate sent a letter to U.S. Attorney General Merrick Garland, requesting that the Department of Justice...more
There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....more