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FTC Obtains Largest Civil Penalty for False Made in USA Claims

The Federal Trade Commission (FTC) has announced that it has obtained a $2 million civil penalty from tractor maker Kubota North America for falsely labeling thousands of its replacement parts as being “Made in USA.” Under a...more

NAD Recommends P&G Discontinue Claim that Olay “Improves Skin 3X Better” than Leading Body Wash

The National Advertising Division (NAD) of BBB National Programs has recommended that The Procter & Gamble Company (P&G) discontinue the claim that Olay Premium body wash “improves skin 3X better” than the leading body wash....more

NAD Suggests Comcast Discontinue ‘Unlimited 5G’ and ‘Best Price’ Claims for Xfinity 5G Mobile Plans

In a recent case, the National Advertising Division (NAD) of BBB National Programs determined that “Unlimited 5G” and “best price” claims by Comcast for its Xfinity 5G mobile plans were not supported and should be...more

NAD Finds That Emojis Can Be Claims

In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims. ...more

FTC Finalizes Made in USA Labeling Rule

The Federal Trade Commission (FTC) has finalized the Made in USA Labeling Rule, which codifies its long-standing enforcement policy requiring that marketers making unqualified Made in USA claims on labels be able to prove...more

NARB Recommends Colgate Halt ‘10 Years of Yellow Stains’ Claim for Optic White Renewal Toothpaste

A panel of the National Advertising Review Board (NARB), which hears appeals from the National Advertising Division (NAD) of BBB National Programs, has recommended that Colgate-Palmolive Company discontinue the claim that...more

NAD Finds Some Crest Whitening Emulsions Claims Supported, Recommends Others Be Retired or Modified

In another decision involving teeth whitening claims, the National Advertising Division (NAD) of BBB National Programs determined that The Procter & Gamble Company (P&G) substantiated claims that its Crest Whitening Emulsions...more

FTC Returns Almost $775,000 to Consumers Who Purchased Deceptively Advertised Health Supplements

The Federal Trade Commission (FTC) is sending checks totaling $774,755 to 13,221 consumers who bought Synovia, a supplement advertised and sold by A.S. Research, LLC, as a treatment for arthritis and joint pain....more

NAD Reaches Mixed Decision on Environmental Benefit Claims for Blueland Cleaning Products

In a mixed decision, the National Advertising Division (NAD) found that One Home Brands, Inc., d/b/a Blueland provided adequate substantiation for claims that its cleaning tablet wrappers are biodegradable and compostable,...more

FTC Sends $7 Million in Refunds to Tech Support Scam Victims

The Federal Trade Commission (FTC) has been active in sending refunds to consumers who were allegedly victimized by false and misleading advertising and marketing campaigns. On October 14, the FTC announced that it was...more

FTC Sends Refunds to Consumers Who Bought Deceptively Marketed ‘Miracle’ Pain Cure for Older Adults

In another case, the Federal Trade Commission (FTC) announced that it is sending checks totaling more than $76,000 to consumers who bought Isoprex, a purported “miracle” pain supplement marketed to older Americans nationwide....more

Split Ninth Circuit Upholds $50M FTC Victory Against Online Publisher

On September 11, 2020, in a 2-1 decision, the U.S. Court of Appeals, Ninth Circuit, upheld the Federal Trade Commission’s (FTC) $50 million victory in its lawsuit alleging that an India-based online publisher, OMICS Group,...more

FTC Sues Marketer Over False COVID-19 Claims

The Federal Trade Commission (FTC) has sued a California-based company named Golden Sunrise Nutraceutical, Inc., and some of its officers, alleging that the company is falsely marketing its Emergency D-Virus plan as a...more

NARB Recommends S.C. Johnson Discontinue Unqualified ‘Non-Toxic’ Windex Claim

A panel of the National Advertising Review Board (NARB) recommended that S.C. Johnson & Son, Inc., discontinue the unqualified “non-toxic” claim on package labeling for its Windex Vinegar Glass and Window Cleaner. However,...more

Are Your Claims Too Vanilla? Emerging Litigation Trend Concerning Vanilla Content

A series of cases concerning alleged misrepresentations of vanilla content in products have been filed against retailers and food brands. Notable challenges have largely focused on allegations of misleading representations...more

FTC Sends 45 Additional Warning Letters to Marketers Over Coronavirus Claims

On May 7, 2020, the Federal Trade Commission (FTC) sent an additional 45 warning letters to companies and individuals concerning allegedly unsubstantiated claims that their products can treat or prevent COVID-19. This is the...more

Instagram Claims Should Be Discontinued, NAD Recommends

Claims found in an Instagram post about an “on-the-go” dietary supplement should be discontinued, the National Advertising Division (NAD) recommended in a recent decision. The self-regulatory body requested substantiation...more

Weight Loss Supplement Class Gains $4.6M Settlement

A challenge to the claims about effectiveness of weight loss pills has settled for $4.6 million. Fred Duran and other, later-joined plaintiffs filed suit against Obesity Research Institute, Continuity Products and related...more

Cover Your Eyes: NAD Recommends Pepper Spray Discontinue Claims

The National Advertising Division (NAD) has recommended that an advertiser discontinue performance claims for its pepper spray in a challenge brought by a competitor....more

Clearing the Air: NAD Recommends Discontinuing Air Purifier Claims

Performance and comparative superiority claims for an air purifier should be discontinued, the National Advertising Division (NAD) recently recommended, although the advertiser plans to appeal part of the decision. ...more

11/20/2019  /  Advertising , False Advertising , Marketing , NAD

New in False Ad Suits: Mustard Origination, Fake Sales and ‘Natural’ Lotion

New false advertising class actions filed by consumers allege that Maille mustard products are not made in France, that Old Navy touted fake sales and that St. Ives’ lotion is not “all natural” as described....more

California Court Finds Inaccurate Picture of Beans on Label Actionable

A California court denied Arizona Canning Company’s motion to dismiss an action challenging the depiction of its canned beans, moving forward a false advertising suit brought by a pair of consumers in the state....more

NAD Gives Online Review Promotion a Negative Grade

Consumer product reviews were the subject of a new decision from the National Advertising Division (NAD) when it challenged reviews that failed to disclose they were the result of advertiser-provided incentives....more

Time To Settle: Fossil Reaches $4.5M Deal Over Outlet Pricing

Time has run out on a deceptive pricing lawsuit against Fossil, with the parties reaching a $4.5 million settlement agreement. Timur Safransky accused the timepiece company of using deceptive comparative price tags on...more

NARB Cleans Out Litter Box Claims

Cat litter product claims got messy at the National Advertising Review Board (NARB), with the self-regulatory panel both agreeing and disagreeing with the recommendations of the National Advertising Division (NAD) on appeal....more

6/10/2019  /  Advertising , False Advertising , NAD , NARB
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