On today’s episode of AD Nauseam, Amy and Daniel talk about the Mail Order Rule....more
On today’s episode of AD Nauseam Amy and Daniel talk about the new FTC Negative Option Rule....more
On today’s episode of AD Nauseam Amy and Daniel talk about what to expect with the transition back to a Trump FTC in January 2025....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s newly finalized rule on the use of consumer reviews and testimonials....more
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more
On today’s episode of AD Nauseam, Amy and Daniel talk about how the revised Testimonial and Endorsement Guides are raising some new issues that marketers and agencies need to consider, some of which reflect a shift in common...more
Back in June, we mentioned how politicians were hopping on the Joe Biden bandwagon when it came to a pre-2016 political throwback issue: junk fees.
Biden highlighted it in his State of The Union address in February, and...more
On today’s episode of AD Nauseam, Amy, Daniel, and Jack talk about issues surrounding what are now being called junk fees, including the FTC rulemaking on the subject as well as activity all around the country.
Questions &...more
Sunscreen Suits: A Plaintiff Will Rise?
New suit, same allegations—are counsel’s tan lines showing?
When Last We Met...
Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the FTC’s authority to go after and regulate unfair practices.
Questions & Comments: dkaufman@bakerlaw.com; and amudge@bakerlaw.com
...more
Anti-Junk-Fee Bandwagon Is Getting Crowded -
Following a presidential call, Congress and the Golden State are looking to tame hidden charges -
Return to Mayberry -
We mentioned President Biden’s attack on junk...more
Rapper 50 Cent Settles with Plastic Surgery Clinician -
Claims clinic owner used snapshot to suggest ... something embarrassing -
A Question You Wouldn’t Ask in Person -
50 Cent—rapper, TV producer, actor—once...more
Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more
4/14/2023
/ Advertising ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Product Labels ,
Unfair or Deceptive Trade Practices ,
Warning Letters
FCC Slams American Scammers for 8 Billion Robocalls -
With too many calls to document, carriers are ordered to pull the switch on traffic -
One Robo to Call Them All -
What sort of activity earns a court order, a public...more
8/16/2022
/ Advertising ,
Class Action ,
Divorce ,
Electronic Fund Transfer Act ,
False Advertising ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
H&M ,
Influencers ,
Marketing ,
Military Service Members ,
Robocalling ,
Scams ,
Social Networks ,
Spoofing ,
State Attorneys General ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Veterans
No More Social Fix for Cali Kids?
New state bill targets social media addiction -
Vertigo 2.0 -
There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
6/17/2022
/ Advertising ,
Advertising to Minors ,
Case Consolidation ,
Class Action ,
FCC ,
Foreign Entities ,
Internet Retailers ,
Minors ,
Mobile Apps ,
NAD ,
New Rules ,
Online Platforms ,
Pricing ,
Proposed Legislation ,
Retailers ,
Robocalling ,
Settlement Agreements ,
Social Media ,
Spoofing ,
Telecommunications ,
Telephone Service Providers ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
NAD Won’t Rename Supplement Maker -
Innovix Pharma loses on product claims but gets to keep its calling card.
Nerding Out -
Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
5/13/2022
/ Advertising ,
Class Action ,
Dietary Supplements ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Health Claims ,
Marketing ,
Misleading Statements ,
NAD ,
Pharmaceutical Industry ,
Telemarketing ,
Unfair or Deceptive Trade Practices
DraftKings Settles Class Action Lawsuit for $8 Million - Settlement is a hybrid payment whose lion’s share is in-game currency - Two Fair Households - It wasn’t too long ago that DraftKings and FanDuel, the biggest names in...more
FTC Shines Light Inside ‘Dark Patterns’ - Move over cookies, fingerprinting, ad trackers—there’s an old species of internet chicanery in town - Everything Old … It’s hard to find a nongovernmental clearing house filled with...more
3/12/2021
/ Advertising ,
Arbitration ,
Class Action ,
False Advertising ,
Federal Trade Commission (FTC) ,
In-Game Purchases ,
Internet Streaming ,
Loot Boxes ,
Marketing ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Websites
In the past few months, a minority of the commissioners have called for the Federal Trade Commission (FTC or Commission) to take the heretofore unprecedented step of seeking consumer redress in Made in USA (MUSA) cases. (In...more
We have practiced in the consumer protection space collectively for more than 50 years and have not once had occasion to consult the Federal Trade Commission’s (FTC or Commission) Nursery Guides. ...more