20 Nov, 2024 Is Your Brand Most Trusted, Or Is Your Survey Outdated? By Ariel Radow Advertisers often rely on survey evidence to substantiate their ”most trusted” type claims, gathering feedback from consumers, industry...
18 Nov, 2024 Court Reverses Itself Over Whether a "Carbon Neutral" Claim is Potentially Misleading By Jeff Greenbaum Danone Waters of America promotes its brand of Evian water as “carbon neutral.” Earlier this year, a federal court in New York allowed a...
18 Nov, 2024 FTC Staff Publishes Guidance on the Consumer Reviews and Testimonials Rule By Terri Seligman As my colleague Hannah Taylor blogged about back in August, the FTC published its final Trade Regulation Rule on the Use of Consumer...
11 Nov, 2024 Can You Avoid Copyright Claims By Modifying Props Used in Your Ads? By Brian Murphy In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems...
08 Nov, 2024 FTC Charges Consumer Review Platform With Misrepresenting Product Reviews By Terri Seligman This week, the FTC announced a proposed settlement with GGL Products, dba Sitejabber, an artificial intelligence-enabled review platform....
06 Nov, 2024 New York Court Dismisses NYAG's Green Marketing Lawsuit Against Pepsi, Saying it "Strains the Bounds of Credulity" By Jeff Greenbaum In late 2023, New York Attorney General Letitia James sued PepsiCo, alleging, among other things, that Pepsi failed to warn consumers...
03 Nov, 2024 What About "Made Outside of the USA" Claims? By Jeff Greenbaum The Federal Trade Commission pays a great deal of attention to marketers' “Made in the USA” claims and whether they comply with the FTC's...
31 Oct, 2024 State AGs Urge Congress to Enact a Federal Price Gouging Law By Jeff Greenbaum This week, fifteen state Attorneys General wrote to Congressional leaders, urging them to enact a federal law that prohibits price...
22 Oct, 2024 You're Invited: "2024 ANA Masters of Advertising Law Conference" By Jeff Greenbaum In November, the Association of National Advertisers will be hosting its annual Masters of Advertising Law Conference. It is being held...
19 Oct, 2024 When Does "All" Mean "All"? By Jeff Greenbaum Entenmann's sells All Butter Loaf Cake. In case you're worried, this blog post isn't about a lawsuit over whether consumers believe that...
16 Oct, 2024 ‘Click to Cancel’ is Here, as FTC Announces Final Negative Option Rule By Kate Patton Terri Seligman The Federal Trade Commission today (finally) announced its final “click-to-cancel” rule, which imposes new requirements on negative...
16 Oct, 2024 Democrats Raise Possibility of Federal Price Gouging Ban With FTC By Jeff Greenbaum Asserting that “[p]rice gouging laws are a widely used, important tool to protect consumers from corporate wrongdoing,” a group of...
15 Oct, 2024 The High Cost of Hidden Fees: How Undisclosed Charges Can Lead to Legal Risks for Brands By Hannah Taylor Recently, a new wave of “all-in” price laws has emerged, mandating transparent pricing practices to ensure consumers are fully aware of...
13 Oct, 2024 What Is An Advertiser’s Responsibility For the Rankings and Ratings It Receives? By Terri Seligman This recent(ish) NAD Decision in a Fast Track SWIFT case raises some interesting issues indeed. Upon challenge by the advertiser’s...
10 Oct, 2024 FTC Gets Record Penalty in CAN-SPAM Enforcement Action By Terri Seligman Remember my 2023 blog post about a CAN-SPAM enforcement action? (No?!?) I noted the rarity of such actions and remarked that the FTC’s...
10 Oct, 2024 Advertising "Certified" Products and Services? By Jeff Greenbaum Earlier this year, the New York City Department of Consumer and Worker Protection adopted a rule that regulates the use of the term...