My family knows that I get grumpy if we get to the theater after the previews have started, as previews are among my favorite parts of the in-theater versus stream-from-home experience. Yet many moviegoers may feel that the...more
In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary...more
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
20 Years Later, TTB Agrees to Revisit Alcohol Labeling -
Watchdogs claim a win, but are they being set up for a wait? Again?
Anticipation -
When last we left the doughty heroes of the Center for Science in the...more
12/19/2022
/ Advertising ,
Celebrity Endorsements ,
Class Action ,
Crypto Exchanges ,
Federal Trade Commission (FTC) ,
Influencers ,
NAD ,
Product Labels ,
Right of Publicity ,
Subscription Services ,
Trademark Trial and Appeal Board ,
Wine & Alcohol
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
Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more
10/26/2022
/ Advertising ,
Airlines ,
Alcohol Beverage Control ,
Anti-SLAPP ,
Breach of Contract ,
Carbon Off-Set Credits ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Fashion Branding ,
FCC ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Labeling ,
Lanham Act ,
Lululemon ,
Nutrition Facts Labels ,
Proprietary Information ,
Public Interest ,
Telecommunications ,
Travel ,
United Airlines ,
Voice Service Providers ,
Wine & Alcohol
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
CSPI to FDA: Move to the Front!
Watchdog barks at industry efforts to highlight nutrition facts -
Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more
9/2/2022
/ Advertising ,
Children's Products ,
COPPA ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Influencers ,
Lanham Act ,
Made in the USA ,
Masks ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Nutrition Facts Labels ,
Personal Information ,
Product Labels ,
Right of Publicity ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
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
If you have been to any kind of spa, beauty supply store or health food store in the past four years, chances are you have seen, if not purchased, a product with cannabidiol (CBD). The 2018 passage of the Farm Bill...more
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
TINA Investigation Sours on HelloFresh -
America’s #1 food-box provider is deploying dark patterns, says watchdog -
See-Through?
When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more
7/15/2022
/ Advertising ,
Data Privacy ,
Fashion Design ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Incentives ,
License Renewals ,
Loss of Goodwill ,
Material Disclosures ,
NAD ,
Natural Products ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Transparency ,
Web Browsers
No More Social Fix for Cali Kids?
New state bill targets social media addiction -
Vertigo 2.0 -
There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
6/17/2022
/ Advertising ,
Advertising to Minors ,
Case Consolidation ,
Class Action ,
FCC ,
Foreign Entities ,
Internet Retailers ,
Minors ,
Mobile Apps ,
NAD ,
New Rules ,
Online Platforms ,
Pricing ,
Proposed Legislation ,
Retailers ,
Robocalling ,
Settlement Agreements ,
Social Media ,
Spoofing ,
Telecommunications ,
Telephone Service Providers ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients -
Please Ignore This Section if You Are Easily Annoyed -
Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
6/3/2022
/ Advertising ,
Alternative Medicine ,
Beverage Manufacturers ,
Class Action ,
Federal Trade Commission (FTC) ,
For Profit Education ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
NAD ,
Natural Products ,
Nutrition Facts Labels ,
Puffery ,
Zillow
As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more
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
We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more
4/29/2022
/ Advertising ,
Breach of Contract ,
Class Action ,
Digital Assets ,
Distributors ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Made in the USA ,
Misleading Statements ,
Negligence ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Security Breach
CafePress Owners Nabbed for Failing to Protect Consumer Data -
Company left Social Security numbers out and unencrypted, then hid the data breach...more
3/31/2022
/ Advertising ,
Children's Products ,
Class Action ,
Country of Origin ,
Data Breach ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Natural Products ,
Personal Information ,
Product Labels ,
Sensitive Personal Information
L’Oréal Gets Pancaked by False Origin Suit -
Famous beauty products made in...Arkansas? ...more
Washington State Debates Personal Data Protections -
Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more
2/3/2022
/ Advertising ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
Ethereum ,
Federal Trade Commission (FTC) ,
NAD ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking
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
Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more
1/20/2022
/ Advertising ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Made in the USA ,
Manufacturer Liability ,
Manufacturers ,
Marketing ,
Product Labels ,
Regulatory Reform ,
Regulatory Standards ,
Retail Market ,
Supply Chain
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