With the complexity of product safety requirements, the changing regulatory environment, and the ferocious plaintiffs’ bar, it is more important than ever for importers, manufacturers, and retailers to understand their obligation to comply with product safety laws and standards. In
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Sticks and Stones May Break Your Competitor, But Protests May Be Protected
The first rule of comparative advertising has always been that you can say pretty much whatever you want so long as you don’t lie. But there is a new wrinkle—don’t threaten or stalk the competition. A recent Ninth Circuit decision…
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FTC “Blankets Industry” with Notice of Penalty Offenses Concerning Deceptive Reviews and Endorsements
Just days after the FTC announced that it was resurrecting its Penalty Offense Authority to crack down on for-profit higher education institutions’ false promises about graduates’ career opportunities and earnings prospects, the FTC is invoking this authority to “blanket[] industry…
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FTC Invokes Penalty Offense Authority to Crack Down on For-Profit Education Industry
In the latest example of its creative use of different enforcement tools to obtain monetary relief in the wake of the Supreme Court’s AMG opinion, the FTC has resurrected a dormant authority to hold companies accountable, via significant financial penalties,…
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Should Private Equity Worry About Consumer Protection Investigations?
Federal Trade Commission (FTC) Chairwoman Lina Kahn, who took over the reins of the FTC in June, is making it clear that she is no fan of the direction some private equity-owned businesses have taken in recent years. She takes…
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The Khan Manifesto
On September 22, 2021, FTC Chairperson Lina Khan published a memorandum to FTC staff urging the agency to unite behind her vision and priorities for the agency, and announcing that the elite vanguard leading Khan’s effort will be acting Bureau…
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Louisiana PSC Downgrades State of Emergency, Allowing for Calls to Begin Again
Three weeks ago, we informed you that the Louisiana Public Service Commission (PSC) had declared a state of emergency in light of Hurricane Ida, which meant that callers could not place any “telephonic solicitations” into the state, regardless of whether…
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Chairwoman Khan Driving the Omnibus
Since the appointment of Chairwoman Khan to the FTC this past summer, the three Democratic commissioners have pushed through 15 omnibus resolutions authorizing staff to use compulsory processes without additional approval from the Commission. Although the use of blanket authorizations…
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Ninth Circuit Clarifies Standards for Equitable Damages in False Advertising Cases
A recent decision in the Ninth Circuit sheds new light on whether, and the standard by which, a false advertising claimant must prove equitable damages under the Lanham Act. In Grasshopper House, LLC v. Clean & Sober Media, LLC,…
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FTC Put to the Test on Inadequate Testing Claims
On July 22, 2021, the Third Circuit ruled against the FTC in its case against Innovative Designs, a company that manufactures and sells a product called Insultex House Wrap, a weather-resistant barrier used in building construction. As we discussed last…
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