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
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more
Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more
A new false advertising case against the maker of Alba Botanica sunscreen demonstrates the risks of marketing a company’s environmental credentials. In a recent article, “The Difficult Art of Advertising Carbon Reductions,”...more
Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention,...more
Swamped Commission Gets Compulsory Life Preserver - Rising tide of merger filings cited to justify new compulsory process resolutions - Multi-Foci - After a 3-2 vote, the Federal Trade Commission (FTC or Commission) approved...more
‘Blessing Loom’ Club Just a Pyramid in Drag? FTC says BINT was fleecing participants while demanding vows of silence - Migraines in No Time - There are all sorts of new-agey trappings that accompany the “Blessing Loom” known...more
CARU Warns Kids Off of Consuming Sugary, Fruit-Scented Doll Tears - Sometimes you write a title so strange that a subtitle seems superfluous - Kids Today - The holy grail of toy manufacturing is the collectible—the marketing...more
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b) - Well, the buck stops here (for now). In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the...more
5/5/2021
/ Advertising ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
Enforcement Actions ,
Expedia ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Made in the USA ,
Marketing ,
Settlement
Will Unanimous Supremes Stem the TCPA Tide? With a ‘random’ decision, SCOTUS reshapes the landscape of telemarketing law - What a Long Strange Trip It’s Been - Back in July of last year, we offered a summary of the...more
Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more
4/12/2021
/ Advertising ,
Bitcoin ,
Cannabidiol (CBD) oil ,
E-Commerce ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food Labeling ,
GMO ,
Marketing ,
Online Marketplace ,
Pharmaceutical Industry ,
Reimbursements ,
Wire Fraud
DraftKings Settles Class Action Lawsuit for $8 Million - Settlement is a hybrid payment whose lion’s share is in-game currency - Two Fair Households - It wasn’t too long ago that DraftKings and FanDuel, the biggest names in...more
FTC Shines Light Inside ‘Dark Patterns’ - Move over cookies, fingerprinting, ad trackers—there’s an old species of internet chicanery in town - Everything Old … It’s hard to find a nongovernmental clearing house filled with...more
3/12/2021
/ Advertising ,
Arbitration ,
Class Action ,
False Advertising ,
Federal Trade Commission (FTC) ,
In-Game Purchases ,
Internet Streaming ,
Loot Boxes ,
Marketing ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Websites
Sean Combs Opens New Front in War Against GBG Sean John - Accuses majority holder of using election-related trademarks to sell goods - Puffy Prologue - The lawsuit between Sean John Combs (AKA Puff Daddy, AKA P. Diddy, AKA...more
3/8/2021
/ Advertising ,
Cannabidiol (CBD) oil ,
Class Action ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Genericide ,
Marketing ,
Name and Likeness ,
Trademark Registration ,
Trademarks ,
USPTO
Product Guides Don’t Protect Speech - Ninth Circuit overturns First Amendment dismissal of hidden endorsement suit - First, Do No Harm - NutriSearch, publisher of the “NutriSearch Comparative Guide to Nutritional...more
Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s...more
Mars Mired in Milk Chocolate Melee - Yet another suit is hawkish over Dove Bar packaging claims - Strike Two? Here’s a follow-up to the recent battle between Mars Wrigley Confectionery and Mohammed Garadi. If you recall — and...more
Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more
Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read...more
11/18/2020
/ Advertising ,
Cannabidiol (CBD) oil ,
Cosmetics ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marketing ,
Product Labels
Eleventh Circuit Pries Apart Sticky Trade Dress Decision - Is Gorilla Glue throwing a monkey fit after J-B Weld’s loss is torn apart? Opposites Attract - If you’re an average, buy-it-when-you-need-it glue consumer, you’re...more
Supremes Deny Energy Drink Company’s First Amendment Petition - 5-Hour Energy drink maker asks to pour unsubstantiated claims down the drain - Free Speech Spotting - Not too long ago, we covered a dustup between a state...more
Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more
10/20/2020
/ Advertising ,
Breweries ,
CARES Act ,
Class Action ,
Competition ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Lenders ,
Marketing ,
Misbranding ,
NAD ,
Paycheck Protection Program (PPP) ,
Product Packaging