Aug 26, 2023 FTC Issues Guidance for Online Sellers on INFORM Consumers Act By Kate Patton Two months after the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”)...
Aug 24, 2023 Two Identical Products With Different Claims and Different Prices: What Messages Are Conveyed? By Terri Seligman Two identical products. But packaged in different size bottles and with different claims on the labels. And one is twice as expensive as...
Aug 24, 2023 Car Dealer Shared Viral Video of Truck in Tornado ... and Then Got Sued for Infringement By Brian Murphy This case is about what can happen when an advertiser (here, a Chevy dealer) modifies and then shares on Facebook a viral video (showing...
Aug 22, 2023 FTC's New Endorsement Guide FAQs Provide Answers to the Questions You've Been Asking (And to Questions You Didn't Know You Had) By Jeff Greenbaum Earlier this summer, the Federal Trade Commission released its updated "Guides Concerning the Use of Endorsements and Testimonials in...
Aug 22, 2023 Is a Cartoon Baby Entitled to Thick or Thin Copyright Protection? By Brian Murphy The plaintiffs (Moonbug) own the popular kids YouTube channel CoComelon. Moonbug’s videos have garnered more than 165 billion (with a...
Aug 17, 2023 Illinois Enacts Novel Law Regulating Children in Content By Jordyn Milewski Wendy Stryker On Friday, the Governor of Illinois announced he signed into law SB1782, a novel law which amends Illinois’s Child Labor Law to “create[]...
Aug 17, 2023 FTC Issues Informal Guidance on Promoting Digital Products in the Age of Generative AI By Jeff Greenbaum The Federal Trade Commission has been thinking quite a bit about artificial intelligence lately. For example, the FTC, along with...
Aug 15, 2023 SoCalGas Settles With California Attorney General Over "Renewable" Claims By Jeff Greenbaum California Attorney General Rob Bonta announced that he entered into a settlement with Southern California Gas Company, resolving...
Aug 14, 2023 CAN-SPAM: Alive and Well After All These Years By Terri Seligman It’s easy to get a little complacent about CAN-SPAM. After all, there aren’t hundreds of lawsuits like there are about robocalls and...
Aug 14, 2023 Lights, Chairs, and Bikes -- Recent FTC "Made in USA" Enforcement By Jeff Greenbaum When making unqualified claims that a product is "made in the United States," the Federal Trade Commission says that you must be able to...
Aug 14, 2023 The Copyrightability of Dazzling Jewelry Designs By Brian Murphy Harry Winston was known in his day as the "King of Diamonds" and the "Jeweler to the Stars." The company he founded in the 1920s became...
Aug 10, 2023 Are "Smokehouse" Almonds Made in a Smokehouse? By Jeff Greenbaum Blue Diamond Growers sells "Smokehouse" almonds. The almonds aren't made in a smokehouse (which involves soaking the almonds in brine,...
Aug 08, 2023 Sexist Advertising Found to Violate NAD Rules By Terri Seligman As one of my colleagues remarked to me, “this Decision was written for you to blog about.” Yup, I love it when I get to wear my ad...
Aug 07, 2023 The Server Test Survives in the Ninth Circuit … At Least For Now By Brian Murphy Craig Whitney A panel of the Ninth Circuit has affirmed that the “server test” remains the law of the land - at least in that circuit, and at least for...
Aug 06, 2023 Do Consumers Think That "Texas Pete" Hot Sauce is Made in Texas? By Jeff Greenbaum T.W. Garner Food Co. makes "Texas Pete" hot sauce. The product label includes a cartoon image of a cowboy throwing a lasso as well as a...
Aug 06, 2023 Why Great (Promotions) Ideas Go Wrong By Kelly O'Donnell By now you must have heard about Twitch streamer Kai Cenat causing a riot in Union Square by announcing on social he’d be there giving...