On October 29, 2019, the United States Department of Agriculture (“USDA”) released its highly anticipated interim final rule establishing rules and regulations for domestic hemp production. These interim regulations were required by the 2018 Agricultural Improvement Act (2018 Farm Bill),
AdLaw By Request®
Information, news and updates on legal and regulatory activities pertaining to advertising and marketing around the globe
AdLaw By Request®, published by Reed Smith LLP, focuses on legal issues related to advertising, marketing, and promotional activities. The blog covers topics such as regulatory compliance for live-event promotions, risks and liabilities in influencer marketing, Federal Trade Commission enforcement actions on advertising claims, digital accessibility laws and related statutory damages, and charitable fundraising regulations. It addresses practical legal considerations for businesses engaging in promotional campaigns, including permit requirements, insurance, and local jurisdictional rules. The blog also discusses recent legislative developments affecting advertising and marketing practices, providing insights into compliance and risk management strategies.
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Aloe Vera Supplement Marketer Feels the Burn After FTC Settlement Over Company’s Misleading Health Claims
By Jason Gordon & Erika Auger
Last month, the Federal Trade Commission (“FTC”) announced its settlement with a Florida-based marketer and seller of aloe vera-based supplements over allegations that it deceived consumers in claiming that its products were effective treatments for a range of conditions affecting…
Website and Its Operator Settle FTC Charges They Sold Fake Indicators of Social Media Influence
Devumi, LLC (“Devumi”) and its owner and CEO, German Calas, Jr. (“Calas”) have agreed to settle the Federal Trade Commission’s (“FTC”) complaint alleging that Devumi and Calas engaged in deceptive online marketing tactics in violation of the FTC Act. In…
FTC Obtains Temporary Restraining Order To Halt Company’s “Misleading” and “Bogus” Real Estate Seminars
By Jason Gordon & Erika Auger
Earlier this month, a federal court entered a temporary restraining order against a Utah-based business, which the Federal Trade Commission (“FTC”) and the Utah Division of Consumer Protection (“DCP”) alleged used deceptive promises of big profits to lure consumers into…
Does this new shirt make my claims look less puffy?
Claims that a product is “revolutionary,” “never before seen,” or providing a solution to an unsolved problem can be sometimes cavalierly regarded as puffery. We often find ourselves warning clients that the National Advertising Division (NAD) has sometimes required advertisers…
The FDA and FTC Join Forces in Issuing Warning Letter to CBD Product Company
On October 22, 2019, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) issued a public statement regarding a joint warning letter sent to Rooted Apothecary, LLC, a Florida-based company, for unlawfully marketing several of its…
FTC Settles with Beauty Brand Over False “Organic” and “Vegan” Claims
By Jason Gordon & Erika Auger
Last month, the Federal Trade Commission (“FTC”) announced a $1.76 million settlement with Truly Organic, Inc. and its CEO over allegations that the company’s personal care products advertised as “100% organic” were anything but.
According to the FTC’s complaint, since…
New York attorney general continues to pursue cybersecurity compliance with latest lawsuit
New York Attorney General (AG) Letitia James has sued Dunkin’ Brands, Inc. (franchisor of Dunkin’ Donuts) over two data breaches in 2015 and 2018, accusing the company of mishandling a series of cyberattacks that together compromised more than 320,000 customer…
FTC Issues Warning Letters to Three CBD Companies
By Jason Gordon & Erika Auger
This week, the Federal Trade Commission (“FTC”) sent warning letters to three companies that sell cannabidiol (“CBD”) products regarding the health claims found in the companies’ advertisements.
The companies sold a variety of products containing CBD, including oils, tinctures, capsules,…
New, state-approved label for environmentally certified “Green Button” textiles (Grüner Knopf) launched in Germany
On 9 September 2019, the German Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung – BMZ) introduced a new, state-regulated environmental label for “Green Button” (Grüner Knopf) certified textiles with a press release. The BMZ…