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Privacy, Data and Cybersecurity Quick Clicks | Issue 20

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

FTC Finalizes Rule Banning Fake Reviews

The FTC has finalized its new rule banning fake consumer reviews. The rule, which will become effective in October, prohibits selling or purchasing fake consumer reviews or testimonials, buying positive or negative consumer...more

ESG Guidepost | Issue 16

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

FTC Warning Letters on Right to Repair Suggest Future Enforcement

The FTC has issued warning letters to eight companies, accusing them of possibly imposing restrictions on third-party servicing of products in violation of the Magnusson-Moss Warranty Act (MMWA). The MMWA is a federal...more

After Loper Bright, should the FTC's views on advertising interpretation still receive deference?

In 2015, the FTC prevailed in litigation against POM Wonderful, makers of pomegranate juice. POM Wonderful LLC, et al., v. Federal Trade Commission, 773 F.3d 487 (D.C. Cir. 2015). The case involved the FTC's assertions that...more

Supervising FINfluencers' Social Media Spin: Don't Believe Everything You View on Your Phone

In the all-encompassing age of social media, a new breed of influencers has emerged — FINfluencers (financial influencers). These individuals leverage their significant number of followers on social mediaon platforms such as...more

FTC Proposes Rule to Ban "Junk Fees"

The FTC has proposed a rule to ban so-called “Junk Fees,” which, if enacted as proposed, would affect numerous industries, ranging from hospitality, to entertainment, to transportation. The proposal purports to prohibit...more

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Privacy, Data and Cybersecurity Quick Clicks | Issue 7

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...more

FTC Secures $18.5 million Settlement and Order In Another "Dark Patterns" Case

On the heels of its lawsuit against Amazon.com, the FTC filed a complaint yesterday against PCH, the marketer behind the venerable Publishers Clearinghouse organization. The complaint alleges that PCH used various deceptive...more

If Amazon's Online PRIME Cancellation Process Is Found to Be a Prohibited 'Dark Pattern,' Lots of Other Advertisers Should Be...

The FTC made news yesterday by filing suit against Amazon for allegedly "tricking" consumers into signing up for the company's Prime service and also for allegedly "sabotaging" consumers' efforts to cancel Prime. Prime is...more

ESG Guidepost | Issue 3

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

What will the FTC do with recycling?

The FTC is in the process of updating its venerable Green Guides, which "govern" environmental marketing claims in the United States. A big part of the Guides are its sections on Recycling Claims, which deal with whether and...more

Will AI Be Regulated, and If So, How?

The doom and gloom prognosticators are predicting that AI will "impact" up to 80% of all jobs in the next ten years. However, that's likely not an outcome that regulators can stop. Indeed, other concerns are surfacing that...more

Will it work? FTC sends its latest round of Notices of Penalty Offense to 670 companies.

Following the Supreme Court's 2021 decision striking down the FTC's practice of using FTC Act Section 13(b) to obtain monetary redress in AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021), the FTC has been exploring...more

Certifications Matter

Third-party environmental certifications are under misguided civil litigation attacks that will be counterproductive to environmental and social progress. In the last year, a variety of putative consumer class actions and...more

FTC Extends Green Guides Comments Deadline

In response to numerous industry requests, the FTC has extended the deadline for submitting comments to the Green Guides by 60 days, from Feb. 21, 2023, to April 24, 2023. If the FTC decides to convert the Guides into a...more

FTC Issues New Health Products Compliance Guidance

The FTC just published an updated Health Products Compliance Guidance, which replaces its 1998 brochure, Dietary Supplements: An Advertising Guide for Industry. As the title indicates, the updated guidance covers all health...more

Federal Trade Commission to Seek Comment on Green Guides

First issued in 1992 and most recently updated in 2012, the FTC's "Green Guides" are a series of written guidance and recommendations to any company wishing to advertise about the environmental attributes of products and...more

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