Phyllis H. Marcus

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Blockchain Legal Resource, Hunton Retail Law Resource

Latest Articles

NAD Clears Comparative Claims for Home Chef Meal Kit

January 22, 2020

Responding to a challenge brought by HelloFresh (Grocery Delivery E-Services, USA), the National Advertising Division (NAD) affirmed that Home Chef (Relish Labs, LLC) offered reasonable grounds on which to base its claims that its meal kit delivery service offers consumers more flexibility than HelloFresh’s similar service. In particular, NAD noted that Home Chef’s “Customize It” feature provides ample variety, permitting consumers to upgrade or increase the amount of protein in their weekly meal selections, or…

Hunton Retail Law Resource

Mortgage Broker Settles FTC Privacy Charges that it Improperly Disclosed Consumer Information on Review Site

By Phyllis H. Marcus

January 9, 2020

On January 7, 2020, the Federal Trade Commission announced a settlement with Mortgage Solutions FCS, Inc., d/b/a Mount Diablo Lending, and its sole principal, Ramon Walker, to resolve allegations that the lender violated the FTC Act, the Fair Credit Reporting Act (FCRA) and the Gramm-Leach-Bliley (GLB) Act, by improperly disseminating consumers’ personal information on Yelp in response to consumers’ negative reviews posted to that site. In its complaint, the FTC alleges that Walker posted on…

Hunton Retail Law Resource

“Diet” Soda Doesn’t Have to Lead to Weight Loss, Court Rules

By Phyllis H. Marcus

January 7, 2020

The Ninth Circuit Court of Appeals dismissed a consumer-fraud class action lawsuit against Diet Dr Pepper maker Dr Pepper/Seven Up, Inc., holding that use of the word “diet” in the product’s name was not false or deceptive advertising in the proper context of the soft drink market. The court found that, despite allegations that the product was long promoted with advertising featuring thin models, the common consumer would not read the “diet” in a soda’s brand…

Hunton Retail Law Resource

FTC Exacts $4.1 Million Settlement from Supplement Marketer over Shaky Arthritis Treatment Claims

By Phyllis H. Marcus

December 10, 2019

On December 5, 2019, the Federal Trade Commission (FTC) announced a $4.1 million settlement against A.S. Research, LLC (ASR), the marketer of the dietary supplement Synovia. The Commission alleged that ASR misled consumers by purporting Synovia could dramatically reduce or cure chronic joint pain, stiffness and swelling caused by arthritis, carpal tunnel syndrome, tennis elbow and muscular atrophy.…

Hunton Retail Law Resource

FTC to Examine Made in USA Claims in a Public Workshop

By Phyllis H. Marcus

August 28, 2019

Citing its potentially outdated 1997 Enforcement Policy Statement on US Origin Claims, the Federal Trade Commission has announced that it will hold a half-day workshop in its DC offices on Made in USA advertising on September 26, 2019. Among other things, the agency is seeking input on how consumers interpret Made in USA claims, what the costs and benefits are of the FTC’s “all or virtually all” standard for unqualified claims, whether its current requirement…

Hunton Retail Law Resource

FTC Permanently Bans Operators of Cryptocurrency MLM

By Phyllis H. Marcus

August 27, 2019

As reported on the Blockchain Legal Resource Blog on August 27, 2019, The Federal Trade Commission reached a settlement with the promoters of chain-based cryptocurrency schemes—Thomas Dluca, Louis Gatto, Eric Pinkston and Scott Chandler—in which the defendants promised recruits big rewards in exchange for a small payment of bitcoin or Litecoin. Continue Reading…

Blockchain Legal Resource

FTC Permanently Bans Operators of Cryptocurrency MLM

By Phyllis H. Marcus

August 27, 2019

The Federal Trade Commission reached a settlement with the promoters of chain-based cryptocurrency schemes—Thomas Dluca, Louis Gatto, Eric Pinkston and Scott Chandler—in which the defendants promised recruits big rewards in exchange for a small payment of bitcoin or Litecoin. In reality, the defendants’ schemes, promoted through YouTube videos, social media and in conference calls, depended on continual recruitment of new participants to generate revenue. Under the FTC settlement, each defendant is permanently banned from operating, participating…

Hunton Retail Law Resource

Thinking About Restricting Online Reviews? FTC: Think Again

By Perie Reiko Koyama & Phyllis H. Marcus

August 20, 2019

Retail_NADFindsResponsibilityMadeInUSA_020719

The Federal Trade Commission has stepped up enforcement of the Consumer Review Fairness Act of 2016 (CRFA) which prohibits companies from barring honest consumer reviews of their products and services. While enforcement of the CRFA was initially slow, that changed this year.…

Hunton Retail Law Resource

Be My #1 – NAD Scrutinizing Top Ratings Claims

By Phyllis H. Marcus & Alex Lazo

July 16, 2019

The National Advertising Division (NAD) affirmed that Reckitt Benckiser, Inc.’s claim of “#1 Carpet Cleaning Brand” for its Resolve Carpet Cleaner product line is supported by the appropriate underlying unit sales data. Responding to a challenge brought by BISSELL Homecare, Inc., NAD noted that Reckitt Benckiser’s “#1 Brand” claim is properly understood to mean that the brand itself, rather than any specific product, holds the highest market share in its relevant category. To that, Nielsen…

Hunton Retail Law Resource

FTC and FDA Warn e-Liquid Companies to Disclose Hazards and Connections

By Phyllis H. Marcus & Alex Lazo

June 25, 2019

The FTC and the FDA jointly sent warning letters to four manufacturers of flavored e-liquid products, citing the absence of particular disclosures in paid social media endorsements as potentially in violation of the Federal Food, Drug, and Cosmetic Act and the FTC Act.…

Phyllis H. Marcus

NAD Clears Comparative Claims for Home Chef Meal Kit

Mortgage Broker Settles FTC Privacy Charges that it Improperly Disclosed Consumer Information on Review Site

“Diet” Soda Doesn’t Have to Lead to Weight Loss, Court Rules

FTC Exacts $4.1 Million Settlement from Supplement Marketer over Shaky Arthritis Treatment Claims

FTC to Examine Made in USA Claims in a Public Workshop

FTC Permanently Bans Operators of Cryptocurrency MLM

FTC Permanently Bans Operators of Cryptocurrency MLM

Thinking About Restricting Online Reviews? FTC: Think Again

Be My #1 – NAD Scrutinizing Top Ratings Claims

FTC and FDA Warn e-Liquid Companies to Disclose Hazards and Connections

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