With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of...more
The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.” As we explain in more detail in our article on the Proposed...more
The Federal Trade Commission (FTC) issued a sweeping new proposed rule that would require practically all businesses to change the way they disclose the price of goods and services they sell to provide more transparency to...more
The FTC took a bit of a break in August, issuing only one Notice of Proposed Rulemaking on a relatively low-profile topic—Power Output Claims for Amplifiers Used in Home Entertainment Products. While the Proposed Rule is...more
8/31/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automatic Renewals ,
Department of Health and Human Services (HHS) ,
Endorsements ,
Federal Breach Notification Standard ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Guides ,
New Rules ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Guidance ,
Regulatory Agenda ,
Telemarketing Sales Rule
The Federal Trade Commission (FTC or Commission) issued the much anticipated final revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) just before the July 4th...more
8/2/2023
/ Advertising ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices ,
Websites
In the last monthly Update to Manatt’s Regulation Tracker, we predicted that the Commission would not slow down for summer. How right we were....more
7/26/2023
/ Advertising ,
Department of Health and Human Services (HHS) ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Guidance ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Testimonial Statements
The Federal Trade Commission (FTC or Commission) finalized its updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) and published the revised version on June 29,...more
The big regulation news out of the FTC this month is a Notice of Proposed Rulemaking that would amend the Commission’s Health Breach Notification Rule. As detailed in Manatt’s thought leadership piece on the subject, the...more
he two big consumer protection regulation stories out of the FTC this month are Negative Options and AI.
The FTC’s Negative Option rule would, among other things, require sellers to make it as easy for consumers to...more
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
4/26/2023
/ AMG Capital Management LLC v FTC ,
Cloud Service Providers (CSPs) ,
Endorsements ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Marketing ,
Non-Compete Agreements ,
Restrictive Covenants ,
Screening Procedures ,
Telemarketing Sales Rule ,
Tenants
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
On December 20, 2022, amidst a flurry of end-of-year activity on Capitol Hill, the Federal Trade Commission’s (FTC) Bureau of Consumer Protection issued a major update of its over two-decades-old guidance titled “Dietary...more
The NCAA Division I Board of Directors issued updated guidance for the NCAA Interim Name, Image and Likeness (NIL) Policy to clarify certain permissible and impermissible activities by institutions that are involved in the...more
In the post-Dobbs world, where a woman’s ability to get an abortion is left to individual states, dissemination of information about abortion-related services has become crucial to ensuring women can access abortion care. In...more
9/28/2022
/ Abortion ,
Advertising ,
Continuing Legal Education ,
Dobbs v. Jackson Women’s Health Organization ,
Health Care Providers ,
Life Sciences ,
Marketing ,
Pregnancy ,
Reproductive Healthcare Issues ,
Social Media ,
Webinars
The Federal Trade Commission (FTC) unveiled its proposed updates to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides or Guides) at its recent open meeting on May 19,...more
The Notice was sent within a week of another notice to 70 for-profit higher education institutions, which focused on “false promises they make about graduates’ job and earnings prospects and other outcomes.”...more
10/21/2021
/ Advertising ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Online Reviews ,
Section 5 ,
Unfair or Deceptive Trade Practices
The NCAA’s new name, image and likeness (NIL) rules and state laws allow college athletes to profit from legitimate brand partnerships, opening opportunities for brands to engage fresh influencer talent and for college...more
9/7/2021
/ Advertising ,
Brand ,
Business Formation ,
College Athletes ,
Colleges ,
Disclosure Requirements ,
Entertainment Industry ,
Entrepreneurs ,
Gaming ,
Influencers ,
Investors ,
Name and Likeness ,
NCAA ,
Risk Mitigation ,
School Sports ,
Social Media ,
Sponsorship Agreements ,
Student Athletes ,
Talent Management ,
Universities ,
Webinars
Section 230 of the Communications Decency Act (CDA) is once again at the center of a major political debate, with momentum building for an overhaul of the statute that many view as having served a critical role in the rise of...more
In a major move to expand into the influencer market and bring more clarity to influencer-produced advertising content, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and the Joint...more
On February 6, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) National Board approved a new “Influencer Agreement” that covers certain “influencer-generated branded content” across all...more
The COVID-19 global pandemic has accelerated the digital transformation of the retail industry as shoppers shift more of their spending online. Global online purchase volume increased 31% from June 2019 to June 2020, with...more
10/9/2020
/ Advertising ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet Retailers ,
Online Advertisements ,
Online Platforms ,
Popular ,
Retail Market ,
Truth in Advertising ,
UDAP ,
Websites
“Fraudsters often seek to use national crises and periods of uncertainty to lure investors into scams. They may play off investors’ hopes and fears, as well as their charity and kindness, and may try to exploit confusion or...more
9/2/2020
/ Advertising ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
New Rules ,
Proposed Amendments ,
Publicly-Traded Companies ,
Regulation A ,
Regulation CF ,
Securities and Exchange Commission (SEC)
G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...more
8/7/2020
/ Art ,
Artistic Works ,
Artists ,
Commercial Property Owners ,
Copyright ,
Due Process ,
Fifth Amendment ,
Graffiti ,
Paintings Sculptures and Engravings ,
Petition for Writ of Certiorari ,
Property Owners ,
Statutory Damages ,
Visual Artists Rights Act (VARA)
As this decade begins, Americans are increasingly apprehensive about the privacy of their personal information. A recent survey found that approximately four out of five Americans are concerned about how their data is used,...more
7/9/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Infectious Diseases ,
Internet of Things ,
Personal Information ,
Shared Responsibility Rule