Leonard L. Gordon

Firm/Organization: Venable LLP

Latest Articles

Adding Fuel to the Fire: Company’s Hidden Fees Sparks FTC Suit

By Leonard L. Gordon, Kathleen K. Sheridan & Deborah Bessner

December 31, 2019

On December 20, 2019, the Federal Trade Commission (FTC) sued FleetCor Technologies, Inc., a fuel card marketer, and Ronald Clark, its CEO, in the Northern District of Georgia. The FTC lawsuit alleges that FleetCor charged customers hundreds of millions of dollars in hidden fees, making its promises about helping customers save on fuel costs false. The Defendants market various payment cards, including fuel cards, to companies in the trucking and commercial fleet industry. While the…

All About Advertising Law

Statutory Dreams or Equitable Nightmares: A Trifecta of Cases Before the Supreme Court Threaten the FTC’s Enforcement Authority

By Leonard L. Gordon & Michael A. Munoz

December 30, 2019

In recent days, the ghost of cases past returns to haunt the FTC’s ability to obtain equitable monetary relief under Section 13(b) of the FTC Act. Three cases now pending Supreme Court review have the potential to significantly threaten the FTC’s enforcement authority: Liu v. SEC; FTC v. AMG Capital Management, LLC; and FTC v. Credit Bureau Center, LLC. Given the unique posture of each case, in perspective with one another, the Court has the…

All About Advertising Law

An Even Quicker Method to Challenge Advertisements? NAD Announces Fast-Track Process Workshop to Kick Off the New Year

By Leonard L. Gordon & Anton Lesaca

December 20, 2019

On December 19, 2019, the National Advertising Division (NAD) closed out the year with an announcement of its plans to “develop a fast-track process to more efficiently handle certain types of online and social media advertising claims.” These claims include insufficient disclosures, such as influencer posts that fail to disclose an influencer’s material connection with a sponsor; general claims that are in violation of NAD and/or Federal Trade Commission guidance, such as unending sales; and…

All About Advertising Law

$40 Million Reasons to Have RCTs

By Leonard L. Gordon, Mary M. Gardner & Gary R. Dunn

October 21, 2019

On September 18, 2019, the FTC prevailed in its long-waged battle against Hi-Tech Pharmaceuticals. In a per curiam opinion, the Eleventh Circuit affirmed the district court’s decision, holding the defendants in contempt for violating the court’s prior order, which enjoined the defendants from making certain claims about health products without “competent and reliable scientific evidence.” Fed. Trade Comm’n v. Nat’l Urological Grp., Inc., No. 17-15695, 2019 WL 4463503, at *1 (11th Cir. Sept. 18,…

All About Advertising Law

The FTC’s Negative View of Negative Options – Are Expanded Regulations Coming?

By Ellen T. Berge & Leonard L. Gordon

October 16, 2019

The Federal Trade Commission’s “Negative Option Rule” is up for review, and the FTC is steering toward stricter regulations for automatic renewal plans and subscription programs. The FTC completed its last regulatory review of the Negative Option Rule in 2014 and decided then to retain the rule in its current form. But, will this time be different? The Rule Under Review The rule under review is the “Rule Concerning the Use of Prenotification Negative Option…

All About Advertising Law

FTC Workshop on “Made in USA” Claims

By Leonard L. Gordon

October 1, 2019

Being able to advertise your product as “Made in the USA” can be a key advantage to marketers and is an attribute that is important to many consumers. Aware of this, the FTC has been on the watch for deceptive Made in the USA claims. Last week, the FTC held a workshop on “Made in the USA” claims to consider consumer perception of these claims and the need for any changes to the existing guidance…

All About Advertising Law

The FTC Gets Real About Fake “Organic” Claims

By Leonard L. Gordon & Meryl E. Bartlett

September 25, 2019

Last week, the Federal Trade Commission (FTC) announced a $1.76 million settlement with Truly Organic, Inc. and its founder and CEO Maxx Harley Appelman regarding false “organic” claims. This is the first time the FTC has obtained monetary relief for deceptive “organic” claims, and the buzz around this settlement signals it may not be the last. The Commissioners’ vote was unanimous, and Commissioner Rohit Chopra released a statement in support of the settlement calling for…

All About Advertising Law

Mr. Smith Goes to New York: Takeaways from the Keynote Address of the FTC’s Director of the Bureau of Consumer Protection at the NAD Annual Conference

By Christopher S. Crook, Leonard L. Gordon, Mary M. Gardner & Elliot Kelly

September 24, 2019

The National Advertising Division (“NAD”) held its Annual Conference in New York yesterday. Andrew Smith, the head of the Bureau of Consumer Protection for the FTC, delivered the keynote address and provided attendees with an excellent overview of the past year’s landmark decisions in FTC jurisprudence. For those who frequent this blog, it comes as no surprise that the hottest discussions focused on the recent trend among courts to question the FTC’s broad interpretation of…

All About Advertising Law

Alzheimer’s and Cancer? FTC Announcement Shows That FDA Is Not the Only Agency That Is “Serious”

By Leonard L. Gordon, Mary M. Gardner & Michael A. Munoz

September 23, 2019

Last week, the Federal Trade Commission issued a press release announcing that it had issued warning letters to three unnamed sellers of cannabidiol (CBD) products who marketed everything from gummies to creams with bold claims that the products could treat a wide variety of the most serious diseases known to man. This follows an earlier wave of letters that it issued jointly with the U.S. Food and Drug Administration (FDA) last March, which warned…

All About Advertising Law

Of Specificity and Shotgun Pleadings: Southern District of New York and Southern District of Florida Toss Claims Lacking Sufficient Specificity and Clarity

By Leonard L. Gordon, Allyson B. Baker & Daniel D. Lynch

September 19, 2019

In two recent decisions, federal district courts have dismissed at least some of the claims brought by federal and state authorities, finding the complaints insufficiently specific in alleging that a defendant’s conduct met the relevant statutory requirements and/or insufficiently clear regarding their allegations as a whole. These rulings may provide a useful roadmap for future challenges to complaints brought by federal and state regulatory agencies and/or attorneys general. Federal Trade Commission and People of the…

Leonard L. Gordon

Adding Fuel to the Fire: Company’s Hidden Fees Sparks FTC Suit

Statutory Dreams or Equitable Nightmares: A Trifecta of Cases Before the Supreme Court Threaten the FTC’s Enforcement Authority

An Even Quicker Method to Challenge Advertisements? NAD Announces Fast-Track Process Workshop to Kick Off the New Year

$40 Million Reasons to Have RCTs

The FTC’s Negative View of Negative Options – Are Expanded Regulations Coming?

FTC Workshop on “Made in USA” Claims

The FTC Gets Real About Fake “Organic” Claims

Mr. Smith Goes to New York: Takeaways from the Keynote Address of the FTC’s Director of the Bureau of Consumer Protection at the NAD Annual Conference

Alzheimer’s and Cancer? FTC Announcement Shows That FDA Is Not the Only Agency That Is “Serious”

Of Specificity and Shotgun Pleadings: Southern District of New York and Southern District of Florida Toss Claims Lacking Sufficient Specificity and Clarity

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