In continued enforcement of the Consumer Review Fairness Act (CRFA), the Federal Trade Commission entered consent decrees against two rental management companies that mandated non-disparaging reviews in their consumer contracts.…

The National Advertising Division (“NAD”) has recommended that Goya Foods, Inc. toss claims that its Excelsior brand pasta is “Puerto Rico’s Favorite Pasta,” following a challenge by Goya’s competitor, Riviana Foods, Inc. Riviana, the maker of Ronzoni pasta, argued that Goya had not substantiated its “favorite” claim through consumer survey or sales data. Goya responded that its claim was classic puffery. NAD disagreed with Goya, finding that “favorite” is objectively measureable and means a product is preferred over…

The FTC teamed up with the U.S. Food and Drug Administration, sending warning letters to three companies: NutraPure, LLC, PotNetwork Holdings, Inc., and Advanced Spine and Pain LLC (d/b/a Relievus) that advertised CBD supplements as treatments for serious diseases such as cancer, Alzheimer’s disease, fibromyalgia and “neuropsychiatric disorders.” The two agencies told the companies to steer clear of false or unsubstantiated health claims and instructed the companies to notify the FTC within 15 days of…

The FTC recently sent warning letters to eight marketers of lab-created diamonds concerning implied claims on social media that their diamonds are mined (rather than simulated) and that their jewelry is “eco-friendly” or “sustainable.” The FTC’s Jewelry Guides contain specific requirements for disclosing lab-created properties and avoiding misperceptions that gems are natural. Moreover, the FTC’s Green Guides require that marketers have a reasonable basis for all express and implied environmental benefits claims.…

In a case signaling that the FTC intends to continue its crackdown on review manipulation, snack company UrthBox, Inc. has reached a settlement with the FTC after allegedly misrepresenting that its customer reviews were independent, despite the fact that reviewers had been incentivized with free products and other goodies. According to the FTC, UrthBox also failed to adequately disclose to consumers key terms of its “free trial” automatic renewal programs. The settlement requires UrthBox to…

The FTC has announced that it will host a workshop on July 16, 2019, called Nixing the Fix: A Workshop on Repair Restrictions, aimed at examining manufacturer restrictions on consumer and third-party product repairs and the extent to which such restrictions implicate consumer protection. The announcement lists covered topics, including the interplay between repair restrictions and consumer protection laws like those in the Magnuson-Moss Warranty Act; the impact of repair restrictions on extended warranties and…

On February 25, the National Advertising Division (“NAD”) referred Nectar Sleep’s “Limited Offer: $125 Off + 2 Free Pillows” claim to the FTC after the advertiser declined to participate in the NAD’s self-regulatory process. The complaint was brought to the NAD’s attention by challenger Tuft & Needle, LLC, who alleged that Nectar’s offer was always available to consumers, and therefore was not a “limited” offer. The challenger also complained that Nectar’s pillows are not independently…