Last month, the Federal Trade Commission (FTC) and the Washington state attorney general announced a settlement under which Amway Corporation, a multilevel marketing (MLM) company, and affiliated recruiting companies World Wide Group, LLC and Leadership Team Development, Inc., will pay
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NAD Puffery Decisions Show Why Advertising Context Matters
Sometimes advertising is like real estate, where the three most important things are: location, location, location. In advertising, it is often: context, context, context. And never more so than with puffery.
Two recent National Advertising Division (NAD) decisions provide a
Online Terms and Conditions: Why Presentation Matters
Companies may spend significant time and resources carefully drafting their online terms and conditions, but those terms will not do much good if consumers are not adequately put on notice of them. A recent Ninth Circuit decision provides another reminder
California Enacts AI Advertising Disclosure Requirement for Synthetic Performers
California has joined New York in regulating the use of AI-generated human performers in advertising. Gov. Gavin Newsom signed Senate Bill 1050, which requires advertisers to clearly and conspicuously disclose when an advertisement prominently features a “synthetic performer.”
The
New FTC Rule Guidance Program Offers Businesses Answers—and Risks
The Federal Trade Commission’s Bureau of Consumer Protection (BCP) has announced a new program that gives businesses and industry groups a new way to seek guidance about ambiguities in FTC rules.
How the FTC Rule Guidance Program Works
Under the
Michigan Ballot Measure Would Create Sweeping Pay-to-Play Restrictions for Utilities and Government Contractors
Michigan voters are expected to decide this November whether to adopt a far-reaching new pay-to-play law that would restrict political contributions by regulated electric and gas utilities, certain state and local government contractors and companies seeking government contracts, and many
Tenth Circuit Rejects the “Two-Click” Safe Harbor: Hyperlinks and Third-Party Content May Create Advertising and Regulatory Liability
The decision reaches beyond competitor false advertising claims, with potentially significant implications for FDA, FTC, state consumer protection, and other regulatory enforcement.
Executive Summary
The Tenth Circuit’s decision in KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc. may ultimately be remembered
FTC Targets Undisclosed Personalized Pricing Practices
The Federal Trade Commission (FTC) is seeking public comment on a proposed enforcement policy statement regarding personalized pricing—the practice of using individual consumer data to set prices according to how much the consumer appears willing to spend.
Stopping short of
Social Clipping and Influencer Marketing: Key Legal Risks
Social clipping has become one of the fastest-growing social media marketing strategies because it helps long-form content reach much larger audiences. Instead of relying on platform algorithms to promote an entire podcast, livestream, webinar, or interview, brands and creators encourage
Truth in Labeling Act Could Reshape Environmental Marketing Claims
Making environmental marketing claims is already difficult. Between California’s evolving requirements, the Federal Trade Commission’s (FTC) Green Guides, and a growing number of state laws, even well-intentioned companies can struggle to determine what they can say on product packaging.
Congress