On the Friday before a long 4th of July weekend, the FTC delivered some light beach reading in the form of a 100-page notice of proposed rulemaking (NPRM) “banning fake reviews and testimonials.” While banning fake reviews and testimonials seems
Ad Law Access
Updates on Advertising and Privacy Law Trends, Issues, and Developments
Ad Law Access, published by Kelley Drye & Warren LLP, focuses on legal developments and regulatory issues related to advertising, marketing, and consumer protection. The blog covers topics such as consumer finance marketing practices, advertising regulations especially concerning children, data broker laws and privacy regulations, food safety legislation impacting product ingredients, and enforcement actions by agencies like the FTC and CFPB. It also addresses legal challenges to regulatory authority and compliance requirements affecting advertisers and marketers. The content highlights evolving legal standards and enforcement trends in advertising law and consumer protection.
Latest from Ad Law Access - Page 4
ICYMI: State AGs Support FTC’s Amendments on Auto-Renewals – but Have Suggestions
On June 23, 2023, a bipartisan coalition of 26 state attorneys general (AGs) submitted comments in support of the FTC’s amendments to the Negative Option Rule (Rule). Though the AGs assert that the FTC’s requirements under the proposed Negative Option…
New Endorsement Guides Include Big Changes, But Few Surprises
In May 2022, the FTC proposed changes to its Endorsement Guides. Among other things, those changes created more prescriptive disclosure requirements for endorsements, imposed various requirements for consumer reviews, and clarified that all parties involved in a marketing campaign could…
Latest Made in USA Settlement Offers Lessons for Fashion Companies
This week, just a few days before the Fourth of July holiday, the FTC announced a settlement with three fashion companies (that operated together as a common enterprise) over patriotic claims that the companies made about various accessories, such as…
FTC Targets Publishers Clearing House “Dark Patterns” in Sweeping Order
Compliance with the INFORM Consumers Act – Find Resources Here
As we’ve written here, a brand new law governing online marketplaces and sellers takes effect TODAY, Tuesday, June 27. The new law (the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, or INFORM Consumers Act) is designed…
No Pain, No Grain: Golden Grain Company’s Slack Fill Victory
In a deep sea of consumer fraud and deceptive packaging litigation, glimpses of reason are starting to emerge in the slack fill space, suggesting that these cases may (finally) be on the decline.
In a recent proposed class action, Brendan…
State AGs and Consumer Protection: What We Learned from . . . Nebraska
Our State AG webinar series continues, this time with Nebraska Attorney General Mike Hilgers and Consumer Protection Division Chief Phil Carlson, a position previously held by our own Abby Stempson. During our webinar, the Nebraska AG’s Office highlighted…
NARB Agrees Advertiser Can’t Support Aspirational Net Zero Claims
JBS – the second-largest food company in the world – made several aspirational claims about its commitment “to be net zero by 2040.” Those claims were challenged by a trade association, who argued that the claims were misleading. As we…
States Follow FTC Auto Renewal Settlement with a New $2.3 Million Settlement
In 2017, the FTC announced that Adore Me, an online lingerie company, had agreed to return more than $1.3 million to customers who enrolled in a negative-option membership program offering discounts and other benefits. Almost six years later – in…