Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission (“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and...more
On Thursday, December 17th, the Federal Trade Commission (FTC) announced that it was taking action against six companies selling CBD-based products. These companies faced administrative actions by the FTC for “making a wide...more
Hemp production, unlike much of the farming industry, has not declined due to COVID-19. Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19. In turn, FDA and FTC...more
5/27/2020
/ Advertising ,
Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Farms ,
Federal Aid ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Marijuana ,
Regulatory Oversight ,
Supply and Demand ,
USDA
Long before COVID-19 affected retail companies had already started shifting to e-commerce platforms, marked by retail giants exclusively in the e-commerce space. ...more
5/12/2020
/ Advertising ,
Brick-and-Mortar Stores ,
Contests & Promotions ,
Critical Infrastructure Sectors ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Made in the USA ,
Marketing ,
Product Pricing ,
Retail Market ,
Shipping
Last week, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) ramped up their enforcement letters since they first issued COVID-19 related warning letters a month ago. ...more
From severe shortages in medical masks and ventilation equipment worldwide to the curious “toilet paper desert” in America, COVID-19 is creating temporary and long-term disruptions in the availability of both highly...more
3/25/2020
/ Advertising ,
Consumer Protection Laws ,
Cosmetics ,
Departments of Commerce ,
Enforcement Actions ,
False Advertising ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hemp ,
Influencers ,
Labeling ,
Pending Legislation ,
Personal Care Products ,
Supply Chain
The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more
2/19/2020
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Comment Period ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Online Platforms ,
Public Comment ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites
Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media.
...more
11/25/2019
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Websites
Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more
11/12/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Deceptive Intent ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Regulatory Agenda ,
Regulatory Oversight
Seyfarth Synopsis: FTC publishes proposed consent order with cosmetic company that posted fake customer reviews but some FTC commissioners place doubt on its effectiveness because there is no financial penalty....more
10/25/2019
/ Antitrust Provisions ,
Comment Period ,
Consent Order ,
Consumer Review Fairness Act (CRFA) ,
Cosmetics ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
Misrepresentation ,
Online Reviews ,
Public Records ,
Regulatory Standards ,
Regulatory Violations ,
Settlement ,
Settlement Negotiations
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to...more
9/17/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Misleading Impressions ,
Plant Based Products ,
Retail Market ,
Unfair or Deceptive Trade Practices ,
Warning Letters
Acting chairwoman of the Federal Trade Commission, Maureen Ohlhausen, announced her first major policy initiative last week: an Economic Liberty Task Force. Ohlhausen targeted occupational licensing regulations as a major...more