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
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
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
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
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
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
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
Key Takeaways -
..On September 28, 2022, the FDA issued a proposed rule to update the criteria for which foods can be labeled as “healthy” to align the definition with current nutrition science.
..For the first time,...more
IDAC to Ed Tech: Get Your Act Together -
Post-COVID-19 learning app boom puts kids at risk, watchdogs say -
An Embarrassment of Horrors -
As if school-age children didn’t have enough to worry about.
From the...more
9/26/2022
/ Advertising ,
Auto-Renewal ,
Class Action ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Marketing ,
Online Advertisements ,
Students ,
Subscription Services ,
Technology ,
Testimonial Statements
FCC Slams American Scammers for 8 Billion Robocalls -
With too many calls to document, carriers are ordered to pull the switch on traffic -
One Robo to Call Them All -
What sort of activity earns a court order, a public...more
8/16/2022
/ Advertising ,
Class Action ,
Divorce ,
Electronic Fund Transfer Act ,
False Advertising ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
H&M ,
Influencers ,
Marketing ,
Military Service Members ,
Robocalling ,
Scams ,
Social Networks ,
Spoofing ,
State Attorneys General ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Veterans
Will Coppertone Get Burned for Its Labels?
Consumer class action alleges sunscreens are all the same -
It’s Not Much, But It’s Something -
Through the years, Coppertone - the sun protection products brand owned...more
8/3/2022
/ Advertising ,
Brand ,
Class Action ,
Confidential Information ,
Consumer Product Companies ,
Copyright ,
Corporate Branding ,
Do Not Call List ,
False Advertising ,
Logos ,
Marketing ,
Mobile Apps ,
Product Labels ,
Product Packaging ,
Standing ,
Subscription Services ,
TCPA ,
Text Messages ,
Trade Secrets ,
Unfair Competition ,
YouTube
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
L’Oréal Gets Pancaked by False Origin Suit -
Famous beauty products made in...Arkansas? ...more
The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. In...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
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
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