The Federal Trade Commission (FTC) finally released its long-awaited Negative Option Rule (the Final Rule), aka the “Click-to-Cancel Rule,” on October 16. The Final Rule was approved by a partisan vote of 3-2, with the two...more
The staff of the Federal Trade Commission (FTC) recently issued a report that contains the staff’s findings from its review of disclosure statements from 70 multi-level marketers (MLMs). The report is just the latest in a...more
It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more
7/10/2024
/ AMG Capital Management LLC v FTC ,
Breach Notification Rule ,
Chevron Deference ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
ROSCA ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation
Last week, New York Senate Bill S 213B, which is aimed at restricting food advertising to children, was heard by the Agriculture Committee and voted out on a 6 to 2 vote along party lines, with the Democrats in the majority....more
Last month the United States Food and Drug Administration (“FDA”) issued its final guidance (“Guidance”) for the industry on cosmetic product facility registrations and product listings, as required by the Modernization of...more
Back in June, we mentioned how politicians were hopping on the Joe Biden bandwagon when it came to a pre-2016 political throwback issue: junk fees.
Biden highlighted it in his State of The Union address in February, and...more
Guess Who Members Can’t Share the Band -
Ancient rockers hurl lawsuit at former bros, but will it stick?
When Friends Fall Out -
Baroque internecine conflicts and acrimonious legal battles are nothing new in the...more
CSPI Urges Food Retailers, Congress to Make SNAP Decisions -
Marketing is as important as availability, food study finds -
Keep Your Government Hands off Our Food Stamps!
SNAP—or the Supplemental Nutrition Assistance...more
11/10/2023
/ Comment Period ,
Data Collection ,
False Advertising ,
Federal Trade Commission (FTC) ,
Grocery Stores ,
Information Reports ,
Personal Data ,
Promotional Items ,
Proposed Rules ,
Public Assistance ,
Public Health ,
Pyramid Schemes ,
Retailers ,
SNAP Program ,
Telemarketing ,
Telemarketing Sales Rule
Sunscreen Suits: A Plaintiff Will Rise?
New suit, same allegations—are counsel’s tan lines showing?
When Last We Met...
Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more
Ex-Reality Star Sues To Protect His Likeness Against AI -
‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs -
New Contender -
Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
10/6/2023
/ Advertising ,
Anti-SLAPP ,
Artificial Intelligence ,
Brand ,
Celebrities ,
Charitable Organizations ,
Compliance ,
Consumer Product Companies ,
Dietary Supplements ,
Dilution ,
Fashion Branding ,
Fashion Design ,
FCC ,
Federal Trade Commission (FTC) ,
Holidays ,
Jury Trial ,
Levi Strauss ,
Marketing ,
Name and Likeness ,
Product Labels ,
Right of Publicity ,
Scams ,
Telecommunications ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Wellness Programs
On today’s episode of AD Nauseam, Amy, Daniel and Linda will cover an issue that has been quite a hot topic of late – the marketing of subscription services and negative options.
Questions & Comments: amudge@bakerlaw.com;...more
Room Rental Site Sued Over Chimerical Reviews and Listings -
FTC keeps promise to ramp up negative attention on false positives -
Ghosted -
Remember the first time you hunted for your own apartment? The anguish of...more
9/26/2023
/ Advertising ,
Artificial Intelligence ,
Burger King ,
Class Action ,
Copyright ,
Derivative Works ,
Direct Infringement ,
Discount Pricing ,
Endorsements ,
Entertainment Industry ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
NAD ,
Online Reviews ,
Photographs
“Blessing Loom” Scheme Unravels in FTC Settlement -
Esoteric trappings can’t save pyramid-scheme-by-another-name -
Neolawgism -
By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
8/25/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
COPPA ,
Copyright ,
Copyright Infringement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Marketing ,
MLM ,
MLM Industry ,
Parental Consent ,
Personal Information ,
Photographs ,
Product Labels ,
Pyramid Schemes ,
Robocalling ,
Trademark Application ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Verification Requirements
On August 7, 2023, the U.S. Food and Drug Administration (FDA, the Agency) published draft guidance aimed at assisting cosmetics companies with achieving and maintaining compliance with new cosmetic product facility...more
8/16/2023
/ Comment Period ,
Compliance ,
Cosmetics ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Personal Care Products ,
Product Packaging ,
Registration Requirement ,
Safety Standards
CSPI: Performance Enhancer Supplements Aren’t What They Seem -
Manufacturers need to start by including the advertised ingredients -
Double-Dog Dare You -
Would you eat something called Rauvolfia vomitoria? No? Of...more
8/11/2023
/ Advertising ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Greenwashing ,
Health Claims ,
Made in the USA ,
Marketing ,
Procter & Gamble ,
Product Labels ,
Recycling ,
Starbucks ,
Tagline
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
7/28/2023
/ Artificial Intelligence ,
Authors ,
Authorship ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
DMCA ,
E-Commerce ,
Fair Use ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Mobile Devices ,
Musical Sound Recordings ,
Personal Information ,
Scams ,
Smartphones
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
FTC Lays Out Some AI Ad Essentials -
But specific guidance isn’t here yet, so...let’s be careful out there....more
5/24/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
Class Certification ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Google ,
Holidays ,
Marketing ,
Misleading Statements ,
Nutrition Facts Labels ,
Public Meetings ,
Puffery ,
Snapchat
Rapper 50 Cent Settles with Plastic Surgery Clinician -
Claims clinic owner used snapshot to suggest ... something embarrassing -
A Question You Wouldn’t Ask in Person -
50 Cent—rapper, TV producer, actor—once...more
U.S. Copyright Office Keeps AI Out in the Cold -
Only humans can copyright, Office says -
Daisy, Daisy, Give Me Your Answer True -
The Copyright Office has weighed in with long-anticipated statement of policy...more
4/17/2023
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Consumer Complaint System ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Copyright Terms ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Intellectual Property Protection ,
Machine Learning ,
Mobile Apps ,
Music ,
New Guidance ,
Product Labels ,
Royalties ,
Song Lyrics ,
Subscription Services
Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more
4/14/2023
/ Advertising ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Product Labels ,
Unfair or Deceptive Trade Practices ,
Warning Letters
Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more
3/29/2023
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....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
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