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Enforcement Marketing

Holland & Knight LLP

Illinois Dental Practices Face New Third-Party Financing Guardrails in 2025

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In August, Illinois Gov. J.B. Pritzker signed into law HB 4891 that amends the Illinois Dental Practice Act to include significant guardrails for dental practices looking to offer third-party financing in dental offices in...more

Harris Beach PLLC

Tips for Proactively Avoiding Penalties for AI-Related Marketing Claims

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The Federal Trade Commission has taken an important step in the regulation of marketing claims relating to artificial intelligence with the launch of “Operation AI Comply.” This operation marks a significant shift in the...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

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As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

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Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Morrison & Foerster LLP

Significant Investment Adviser Regulatory Developments in 2024

Alongside the rapid pace of Securities and Exchange Commission (SEC) rulemaking, the SEC and its Staff continue to shape regulatory obligations for investment advisers in 2024 through guidance, alerts, enforcement actions,...more

Hinch Newman LLP

FTC Made in USA Labeling Rule Compliance and Defense Lawyer on Refreshed Agency U.S. Origin Claim Guidance

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On July 2, 2024, the Federal Trade Commission announced a “refreshed version” of the agency’s Complying with the Made in USA Standard guidance document. The refreshed guidance document includes, without limitation, updated...more

Vinson & Elkins LLP

Cooperation and Compliance: Navigating Artificial Intelligence at the Securities Enforcement Forum

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On May 23, 2024, the Securities Enforcement Forum West debuted its first-ever panel on the impact of artificial intelligence (“AI”) on securities enforcement, regulation, compliance, and practice, signaling an increased focus...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

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When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

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Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Perkins Coie

Sustainability Advertising: US and EU Regulators Boost Guidance and Enforcement

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Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more

Good2bSocial

Podcast Episode 179: How to Start and Succeed at Creating Your Law Firm Podcast

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In this episode of the Legal Marketing 2.0 Podcast, Guy is joined by Alan Kaplinsky, the senior counsel and for 25 years the chair of the consumer financial services group at the Ballard Spahr law firm. He is the recipient of...more

DarrowEverett LLP

Should Influencers Be Held Liable for the Promotion of Digital Assets?

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The world’s ever-changing technological landscape has led to the formation of new mediums of creativity — mediums that the sports and entertainment industry cannot ignore. Digital currencies, virtual universes, and enhanced...more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

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1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

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Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Fox Rothschild LLP

FTC’s Newest Notice of Penalty Offenses

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Last week the Federal Trade Commission (FTC) issued a press release stating that it “is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that...more

BakerHostetler

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

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Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more

King & Spalding

2022 Year in Review: FDA Drug and Device Advertising and Promotion Enforcement

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In 2022, the U.S. Food and Drug Administration (FDA or the Agency) issued a total of nine enforcement letters targeting advertising and promotion violations for prescription drugs and devices.  A summary of the noteworthy...more

Perkins Coie

Keep Your New Year Happy and Bright With These Ad Law Tips

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Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more

Bradley Arant Boult Cummings LLP

Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer Confusion May Signal a Shift in Government Enforcement

FDA warning letters are nothing new in the cannabis industry. In fact, we here at Budding Trends have covered this topic a number of times (here, here, and here). Not resigned to playing the hits, however, the FDA issued a...more

White & Case LLP

"Taking the Keys": Six things to consider for credit investors contemplating share pledge enforcement

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Rises in energy costs, disruption to global supply chains, the situation in Ukraine, soaring inflation and higher interest rates are pushing several major European economies towards recession. Borrowers and issuers in the...more

Proskauer Rose LLP

Q&A: The Bottom Line of Complying with the SEC’s New Marketing Rule

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In the late fall of 2020, the SEC implemented rule amendments which created a single rule, the Marketing Rule, that replaces the current Advertising and Cash Solicitation Rules. The Marketing Rule represents both significant...more

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