In 2021, the U.S. Supreme Court held unanimously in AMG Capital Management, LLC v. Federal Trade Commission that the Federal Trade Commission is not entitled to consumer redress in cases brought under Section 13(b) of the FTC...more
The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more
8/16/2024
/ Advertising ,
Artificial Intelligence ,
Celebrities ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
I counsel many clients on advertising compliance, and one frequent topic of discussion in that work relates to use of "up to" and "as low as" advertising claims. Companies naturally want to give this information to potential...more
On March 7, 2024, the Federal Trade Commission announced significant amendments to its Telemarketing Sales Rule. The effective dates for these changes are tied to publication of this announcement in the Federal Register,...more
On September 8, 2023, the Federal Trade Commission announced that its administrative law judge had issued an Initial Decision and Order in the FTC's case against Intuit, alleging that the company had deceptively marketed the...more
On January 25, 2022, the Federal Trade Commission released a proposed settlement in an advertising enforcement action and related business education materials that should be required reading for any company that operates a...more
The Federal Trade Commission sounds like a broken record. We have repeatedly written about the trouble misleading endorsements and testimonials can cause. Endorsements, testimonials, and social media influencers currently sit...more