On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more
1/28/2025
/ Antitrust Provisions ,
Competition ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Excessive Pricing ,
Federal Trade Commission (FTC) ,
Information Reports ,
Personal Data ,
Pricing ,
Product Pricing ,
Surveillance ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission has issued a long-anticipated final Rule on Unfair or Deceptive Fees (the Rule), colloquially known as the “Junk Fees” Rule, targeting mandatory hidden fees and ensuring transparent pricing...more
12/27/2024
/ Disclosure Requirements ,
Event Tickets ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
Hidden Fees ,
Hospitality Industry ,
Hotels ,
Ticket Pricing ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) published its final “Click-to-Cancel” Rule in the Federal Register on November 15, 2024, meaning that companies should ensure that they comply with the rule’s requirements within the next...more
11/20/2024
/ Cancellation Rights ,
Compliance ,
Consent ,
Consumer Contracts ,
Disclosure Requirements ,
Federal Register ,
Federal Trade Commission (FTC) ,
Final Rules ,
Misrepresentation ,
ROSCA ,
Subscription Services
If it’s been a while since you’ve looked at the state and federal laws governing autorenewals, subscriptions, and continuous service offers, your business is likely in need of an update. Multiple jurisdictions, on both state...more
The Federal Trade Commission (FTC) has published a long anticipated Final Rule on the Use of Consumer Reviews and Testimonials that prohibits certain practices the FTC deems misleading or deceptive, provides additional...more
In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more
9/19/2024
/ AMG Capital Management LLC v FTC ,
Civil Monetary Penalty ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the FTC means in prohibiting the use of fake indicators of social media influence, and fake review...more
In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the Final Rule means for so-called “insider” consumer reviews and testimonials, and also review...more
In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more
9/10/2024
/ Advertising ,
Celebrity Endorsements ,
Compensation ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Endorsement Guidelines ,
Incentives ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements
The Federal Trade Commission, as we previously reported, has published a Final Rule on consumer reviews and testimonials that prohibits certain practices the FTC deems to be deceptive or misleading in six areas: (1) fake or...more
The Federal Trade Commission (FTC) has published a long anticipated Final Rule that prohibits certain practices that the FTC deems misleading or deceptive when it comes to consumer reviews and testimonials. As we anticipated...more
9/4/2024
/ Advertising ,
Celebrities ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements
Federal Made in U.S.A. Rule -
In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more
5/9/2022
/ Advertising ,
Beverage Manufacturers ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Livestock Protocol ,
Made in the USA ,
Manufacturers ,
Metals ,
New Rules ,
Product Labels ,
Proposition 65 ,
Recycling ,
Regulatory Oversight ,
Slack-Fill Suits
The U.S. Federal Trade Commission has announced that it sent warning letters to three companies that sell “oils, tinctures, capsules, ‘gummies,’ and creams containing cannabidiol (CBD),” a chemical compound derived from the...more
The FTC has sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems warning against warranty tie-in provisions that state consumers must use specified parts or...more
Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more
Although every product imported into the United States must be marked with its country of origin pursuant to Section 304 of the Tariff Act of 1930, most products manufactured domestically are not required to list the United...more
The Federal Trade Commission has approved four final consent orders against companies that allegedly misrepresented their personal care products as "All-Natural" or "100% Natural," despite the fact that they contain man-made...more
Two recent cases by the Federal Trade Commission (“FTC”) demonstrate its position that paid endorsements in social media must be disclosed. These cases reinforce the FTC’s stance on transparency in native advertising, which...more