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
Latest from All About Advertising Law
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
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
One-Time Shipping Protection Fee May Trigger ROSCA, Court Rules: A Fast VAST Update
The term “negative option” generally references subscriptions, automatic renewals, continuity plans, or other programs where consumers continue to be charged unless they cancel.
However, a recent New York federal court held that unless a consumer unchecks a box, a one-time
Xlear Challenge to FTC Health Claims Substantiation Standard Dismissed
A Utah federal judge recently dismissed Xlear, Inc.’s lawsuit challenging the Federal Trade Commission’s (FTC) long-standing requirement that advertisers substantiate health-related claims, finding that Xlear’s challenge was not ripe for judicial review. Because Xlear could not identify a final agency
Merchants Take the “Junk Fee” Fight to Their Payment Processors
Junk fee litigation has, until recently, been largely a consumer-facing story: diners, online shoppers, and eventgoers challenging the “service,” “processing,” and “convenience” fees that appear at checkout. A new proposed class action filed in North Carolina turns that narrative around.