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
In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more
On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more
“Junk fees” were a popular topic at the Federal Trade Commission (FTC) in 2024 – but now that the dust has settled (at least for now), let’s take a closer look at how the FTC is using its authority to tackle these practices....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the Mail Order Rule....more
Our team recently attended the ANA Masters of Advertising Law Conference and had the great fortune to hear Serena Viswanathan, associate director for the FTC’s Advertising Practices Division, discuss the Rule on the Use of...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
Ian Fleming famously wrote, “Once is happenstance. Twice is coincidence. Three times is enemy action.” Although we aren’t quite talking enemy action here, we are seeing heightened Federal Trade Commission (FTC) interest in...more
So today’s Federal Trade Commission (FTC or Commission) meeting was a bit of a narrowly focused affair – all about the Business Opportunity Rule (Rule), which is a long-standing FTC rule that generally requires “business...more
It has been two weeks or so since the FTC announced that it is going to take a close look at whether and how to revise the Dot com Disclosure Guides. For those who are new to this, the dot com guides (technically and...more
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
The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that...more
Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when...more
2/1/2022
/ Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Incentives ,
Marketing ,
Online Reviews ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention,...more