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
Consumer Sues Pyrex Maker for False Made-in-the-States Claims -
New class actions pick up where the FTC left off -
Tempest in a Ten-Piece Glass Meal Prep Set -
We love false made-in-the-USA claim narratives. They...more
3/10/2023
/ CAFA ,
Costco ,
Dietary Supplements ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Made in the USA ,
Magnuson-Moss Act ,
Mobile Devices ,
NAD ,
PFAS ,
Product Labels ,
Recycling ,
Robocalling ,
TCPA
On March 6, the FDA announced the launch of its new “Dietary Supplement Ingredient Directory.” According to the FDA, the directory is “a one-stop shop of ingredient information that was previously found on different FDA...more
Late last year, the Federal Trade Commission (FTC) announced it was examining the Guides for the Use of Environmental Marketing Claims, better known as the Green Guides. Consumer and industry interest in green marketing is...more
Getty Images Sues AI Image Generator for Copyright Violations -
The intersection of artificial intelligence and copyright law is still being mapped....more
2/24/2023
/ Artificial Intelligence ,
Artists ,
Blockchain ,
Breach Notification Rule ,
Class Action ,
Copyright ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Federal Trade Commission (FTC) ,
Getty Images ,
NAD
To modest fanfare, last week the Federal Trade Commission announced the creation of a new Office of Technology (Office or OTech). The press release noted that the Office “will strengthen the FTC’s ability to keep pace with...more
You make soap, and you come out with a new scent. Then, due to supply issues, you need to change fragrance manufacturers but are confident the new fragrance is almost identical to the old fragrance. Can you use reviews of...more
Earlier this week, Commissioner Christine Wilson of the Federal Trade Commission (FTC or Commission) announced – in her own words – her “noisy exit” from the Commission in a statement published in The Wall Street Journal...more
Game Developer Dodges Loot Box Suit -
In-app epi-games are not the same as slot machines, court says.
Again with the Noises and Bright Lights -
It’s been a while since we reported on defendant Supercell’s...more
2/10/2023
/ Anti-SLAPP ,
Artistic Works ,
Breach Notification Rule ,
Celebrity Endorsements ,
Coinbase ,
Cryptoassets ,
Data Breach ,
Data-Sharing ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs) ,
NYDFS ,
Personally Identifiable Information ,
PHI ,
Protected Activity ,
Sensitive Personal Information ,
Stock Options ,
Trademark Infringement ,
Trademarks ,
Twitter
Valentine’s Day is almost here, and it is time for the annual reminder from the Federal Trade Commission (FTC) that for those seeking love, scam artists are lurking, scheming, and trying hard to separate you from your...more
Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...more
2/8/2023
/ Advertising ,
Antitrust Violations ,
Data-Sharing ,
Dobbs v. Jackson Women’s Health Organization ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
Mobile Apps ,
Mobile Devices ,
PHI ,
Prior Express Consent ,
Privacy Policy ,
Software ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Web Tracking
Introducing Our Secret Plan to Fight Inflation -
It’s simple: Don’t fall afoul of the FTC -
’Twas Ever Thus -
Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more
1/30/2023
/ Advertising ,
Competition ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Cryptoassets ,
Cryptocurrency ,
Fashion Branding ,
Fashion Industry ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Greenwashing ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Restitution ,
UK ,
Unfair Competition ,
Warning Letters ,
Websites ,
Wire Fraud ,
Zara
The days are short and the nights are long, but at least we have the monthly public Federal Trade Commission (FTC) meeting to keep us entertained and informed during these cold months. And we had a bit of an unusual agenda...more
In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary...more
FTC Opens Green Guide Revision for Public Comment -
It’s the first revision in a new, environmentally panicked time -
The Greatest Generation -
The ’90s were an active decade for Federal Trade Commission (FTC)...more
1/4/2023
/ Advertising ,
Copyright ,
Copyright Litigation ,
Failure To Disclose ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Influencers ,
Marketing ,
Pending Legislation ,
Public Comment ,
Social Media ,
Subscription Services ,
TikTok ,
Truth in Advertising
New Year’s resolutions are usually quite personal – nobody wants friends telling them how to improve their lives. Knowing this, I nevertheless offer a few resolutions to my former employer, the Federal Trade Commission (FTC)....more
20 Years Later, TTB Agrees to Revisit Alcohol Labeling -
Watchdogs claim a win, but are they being set up for a wait? Again?
Anticipation -
When last we left the doughty heroes of the Center for Science in the...more
12/19/2022
/ Advertising ,
Celebrity Endorsements ,
Class Action ,
Crypto Exchanges ,
Federal Trade Commission (FTC) ,
Influencers ,
NAD ,
Product Labels ,
Right of Publicity ,
Subscription Services ,
Trademark Trial and Appeal Board ,
Wine & Alcohol
Nothing says Holiday Season like the final public Federal Trade Commission meeting of the very long year. The lights are hung, joy is sort of in the air and we turn to our four commissioners for even more holiday cheer. Well...more
TTAB Emancipates “Queen of Christmas” from Mimi -
Mariah Carey lets mark registration go unchallenged -
Breakdown -
Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more
12/12/2022
/ Business Opportunity Laws ,
China ,
Class Action ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Enforcement ,
Federal Trade Commission (FTC) ,
Gaming ,
Holidays ,
Music ,
Online Gaming ,
Place of Origin ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition ,
USPTO
For months now we have been talking about dark patterns and all the regulatory chatter associated with them. Many, including us, have been wondering whether it would end up being much ado about nothing, with dark patterns...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
Made-in-USA Shootout Leads to Jury Trial, $3.1 Million Judgment
Novelty glassware manufacturer weaponizes FTC guidance against rival -
Is Half Bulletproof Really a Thing?
For the uninitiated, the shot glass in...more
11/18/2022
/ Advertising ,
Competition ,
COPPA ,
Country of Origin ,
Dietary Supplements ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Lanham Act ,
Made in the USA ,
Marketing ,
Nutritional Supplements ,
Online Education ,
Product Labels ,
Robocalling ,
Technology Sector
Once Upon a Farm (OFarm) is an exemplary specimen of a now-familiar type of company - a self-proclaimed provider of “clean” baby food and snacks for older kids. OFarm’s packaging is what you’d expect: vivid, colorful graphics...more
Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more
10/26/2022
/ Advertising ,
Airlines ,
Alcohol Beverage Control ,
Anti-SLAPP ,
Breach of Contract ,
Carbon Off-Set Credits ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Fashion Branding ,
FCC ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Labeling ,
Lanham Act ,
Lululemon ,
Nutrition Facts Labels ,
Proprietary Information ,
Public Interest ,
Telecommunications ,
Travel ,
United Airlines ,
Voice Service Providers ,
Wine & Alcohol
If there were any question whether the current Federal Trade Commission (FTC) was reenacting the 1970s, that question has been put to rest. And unfortunately, it’s not about seeing Grace Jones, Liza Minnelli and Andy...more