Phyllis H. Marcus

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Blockchain Legal Resource, Hunton Retail Law Resource

Latest Articles

FTC to Examine Made in USA Claims in a Public Workshop

By Phyllis H. Marcus on 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Citing its potentially outdated 1997 Enforcement Policy Statement on US Origin Claims, the Federal Trade Commission has announced that it will hold a half-day workshop in its DC offices on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 on 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 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. 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 on 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 on 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 on 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.…

Hunton Retail Law Resource

FTC Stops “Free Trial” Marketers

By Phyllis H. Marcus & Alex Lazo on June 13, 2019

The Federal Trade Commission entered proposed final orders settling June 2018 charges filed against several online marketers of e-cigarettes, dietary supplements and skin creams for deceptively advertising “risk free” trial offers.…

Hunton Retail Law Resource

FTC: Consumer Gag Clauses a No-Go

By Phyllis H. Marcus & Alex Lazo on June 12, 2019

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.…

Hunton Retail Law Resource

Pasta La Vista: NAD Recommends Goya Discontinue “Puerto Rico’s Favorite Pasta” Claim

By Phyllis H. Marcus & Perie Reiko Koyama on April 17, 2019

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…

Hunton Retail Law Resource

FTC Warns Cannabidiol Sellers to Stop Advertising CBD as a Cure to Serious Ailments

By Phyllis H. Marcus & Catherine Kordestani on April 11, 2019

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…

Phyllis H. Marcus

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

FTC Stops “Free Trial” Marketers

FTC: Consumer Gag Clauses a No-Go

Pasta La Vista: NAD Recommends Goya Discontinue “Puerto Rico’s Favorite Pasta” Claim

FTC Warns Cannabidiol Sellers to Stop Advertising CBD as a Cure to Serious Ailments

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