When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more
The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more
Your company has an ESG (Environmental, Social, and Governance) mission. It could be as (seemingly) simple as using renewable energy in production, sourcing eco-friendly materials or, more broadly, coming up with a "more...more
12/18/2023
/ Advertising ,
Carbon Emissions ,
CFTC ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Greenwashing ,
NAD ,
Net Zero ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Sustainability
The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more
7/10/2023
/ Advertising ,
Compliance ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Misleading Statements ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Promotional Items ,
Proposed Rules ,
Testimonial Statements
On April 13, 2023, the Federal Trade Commission ("FTC") announced the issuance of what is now the fourth round of Notice of Penalty Offense Letters, this time to approximately 670 companies involved in the marketing of drugs,...more
Truth In Advertising Says “Your Super” Is Running Afoul of FDA -
Another day, another supplement company violating FDA rules, at least according to a recent investigation conducted by TruthInAdvertising.org (TINA)....more
On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various...more
On Friday, the Supreme Court granted the certiorari petition of Pom Wonderful in its Lanham Act false advertising case against Coca-Cola. Pom Wonderful LLC v. Coca Cola Co., 679 F.3d 1170 (9th Cir. 2012), cert granted, ___...more
1/14/2014
/ Advertising ,
Coca Cola ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Lanham Act ,
Marketing ,
NLEA ,
POM Wonderful ,
SCOTUS ,
Standing
In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of...more
The FTC took on the hot topic of “native advertising” in a public workshop Wednesday in Washington, D.C. Called “Blurred Lines,” the all-day event featured panel discussions with regulators, academics, consumer advocates and...more
In a press release issued Sept. 16, 2013, the FTC announced that it will convene a Native Advertising Workshop on Dec. 4, 2013 to “examine the practice of blending advertisements with news, entertainment, and other content in...more