Leonard L. Gordon

Firm/Organization: Venable LLP

Latest Articles

$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…

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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…

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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…

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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…

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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…

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Venable Launches Close-Ups Entertainment and Media Blog

By Leonard L. Gordon

September 12, 2019

Venable’s dynamic Entertainment and Media Group is pleased to launch Close-Ups, a blog aimed at providing insider commentary on legal and business issues, trends, and headlines in Hollywood and beyond. As a reader of our All About Advertising Law blog, you recognize the value of timely legal analysis and commentary on the issues surrounding your business. The team of writers and editors producing Close-Ups embraces the same innovative and creative approach to their analysis of…

All About Advertising Law

Things Are Buzzing in the Beehive State

By Leonard L. Gordon, Alexandra Megaris & Elliot Kelly

August 28, 2019

Utah traditionally has been a hive of activity in the telemarketing and “how to make money” education verticals. The Utah Consumer Protection Division (the “Division”) and the Division’s lawyers at the Office of the Attorney General appear to be trying to change that. Industry participants have been watching closely a lawsuit filed by the attorney general on behalf of the Division in federal court in Utah. Last week, that lawsuit was thrown out on jurisdictional…

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No Restitution for the Weary: Seventh Circuit Limits FTC’s Ability to Seek Restitution

By Annie H. Lee & Leonard L. Gordon

August 23, 2019

The Seventh Circuit issued a decision this week that guts a key part of the FTC’s enforcement arsenal – the ability to obtain equitable monetary relief from defendants when the FTC challenges conduct in federal court under Section 13(b) of the FTC Act. We’ve written previously—here, here, here, and here—regarding the limits courts have placed on the FTC’s ability to invoke Section 13(b) and this case brings those issues to…

Leonard L. Gordon

$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

Venable Launches Close-Ups Entertainment and Media Blog

Things Are Buzzing in the Beehive State

No Restitution for the Weary: Seventh Circuit Limits FTC’s Ability to Seek Restitution

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