The wave of Federal Trade Commission (FTC or the Commission) rulemaking has begun, and it raises many questions: Most notably, how big is this wave going to be, why is the FTC doing this and do I have time for this? Although...more
A lot has been written about the impact of the Supreme Court’s AMG decision on the Federal Trade Commission’s (FTC) future law enforcement approaches and strategies. One option is more administrative litigation, but that...more
Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting, the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. ...more
Bunny v. Smaug -
Did Annie’s smack down a snack-box slack-fill strike suit? ...more
2/17/2022
/ AMG Capital Management LLC v FTC ,
Chemicals ,
Class Action ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
Non-Fungible Tokens (NFTs) ,
Price Gouging ,
Product Packaging ,
Scams ,
Slack-Fill Suits ,
Unfair Competition
Ten months ago, the U.S. Supreme Court issued its unanimous decision in the AMG case, and with this decision, it put an end to the Federal Trade Commission’s (FTC) decades long reliance on Section 13(b) of the FTC Act as the...more
For many years now, each February, the Federal Trade Commission (FTC) has issued a report reminding us that love is indeed a battlefield and that life is not always like an episode of Hart to Hart. The latest FTC data about...more
One of the post-AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And that appears to be coming true, but not at an exceptional pace. For...more
Washington State Debates Personal Data Protections -
Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more
2/3/2022
/ Advertising ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
Ethereum ,
Federal Trade Commission (FTC) ,
NAD ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking
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
In April 2020, when we were all focused on finding masks and hand sanitizer, the Federal Trade Commission (FTC) announced a $9.3 million settlement with Fashion Nova. The agency alleged that the company violated the Mail...more
Yesterday’s sole topic for the monthly public Federal Trade Commission (FTC) meeting was identity theft. That’s it. No policy statements, no votes, no repeal of carefully crafted bipartisan policy documents, just identity...more
FTC Wants Input on Impersonation - COVID-19 era sees flood of fakery, but why? Trendlines - It’s a common theory that the COVID-19 pandemic accelerated changes that were already bubbling beneath the surface of our lives —...more
Last week, the Federal Trade Commission (FTC) released an interesting case against a lead generator (ITMedia) that purportedly collected sensitive information from consumers who were seeking loans and sold that information to...more
Much like an artist looking for a muse, I keep up with consumer protection developments and ponder – is this blog-worthy? Well, the other day, the Federal Trade Commission (FTC) announced the annual updates to its civil...more
I made my last New Year’s resolution 10 years ago in 2012. Technically, it wasn’t a resolution; maybe it was more of a lifestyle choice. I vowed that I would no longer drink the coffee that was sold in the Federal Trade...more
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...more
New BakerHostetler Partner Daniel Kaufman shares an insider’s predictions for the FTC....more
Plaintiffs’ Bar Waves Another Maddening Flag at Olé - Repeat of Cali origin case makes New York claims - Qué Pasó? Back in May, we covered a case that raised a bushel of interesting questions about origin claims....more
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was...more
I used to read a lot of TV show recaps that were touted as “We watch so you don’t have to.” Little did I know that same concept would apply to these new public meetings of the Federal Trade Commission (FTC) and that I would...more
China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more
As many of our readers know, the U.S. Supreme Court decision in AMG dramatically changed things with respect to the ability of the Federal Trade Commission (FTC) to obtain certain monetary remedies. A lot has been written and...more
Kudos to Commissioner Noah Phillips and Commissioner Christine Wilson for creating and/or popularizing the catchiest Federal Trade Commission (FTC or Commission) phrase of 2021 – zombie votes. But what are these zombie votes...more
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more
I was a former FTCer for many years, and one issue we would face every few years was how to objectively measure the success (or failure) of a law enforcement agency. It is an important issue that has to be addressed when...more