The U.S. Department of Justice (DOJ) recently announced its intention to adopt rules setting forth web accessibility standards for state and local government entities, which are regulated under Title II of the Americans with Disabilities Act (ADA). If adopted, the
Consumer Protection Review
The latest legal updates in marketing, consumer products & consumer protection
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FTC Seeking Public Input to Modernize Digital Advertising Guidance
On June 3, 2022, the FTC made a request for comments about .com disclosures, including the increased use of dark patterns, manipulative user interface design, and other forms of digital deception that pose unique risks to consumers online and in…
Supreme Court Reinstates Injunction Against Texas Social Media Law
In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social…
Chambers & Partners Recognizes Perkins Coie’s Advertising Practice
We are proud to announce that Chambers & Partners has recognized Perkins Coie’s Advertising: Transactional & Regulatory Nationwide practice as one of the premier practices in the field.
Partner Jason Howell was also ranked again in the 2022 edition of…
FTC Proposes Updated Guidance for Influencer and Consumer Review Programs

To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides) in 1980 and then amended them in 2009. The Guides reflect the…
FTC Seeks to Enforce “Made in USA” Labeling Rule in Complaint Against Battery Seller
Key Takeaways:
- On April 12, 2022, the Federal Trade Commission (FTC) used its authority under the new Made in USA Labeling Rule to bring a complaint against a battery seller for allegedly misrepresenting that its lithium ion cells were made
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The Ninth Circuit Addresses Website Design for Enforceable Terms of Service
Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance. On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms of service presented on…
Justice Department Issues ADA Web Accessibility Guidance
On March 18, 2022, the U.S. Department of Justice (DOJ) issued new guidance (Web Accessibility Guidance) advising state and local governments and businesses open to the public on how to make their websites accessible to people with disabilities, based on…
FTC Guidance for Platforms and Marketers Utilizing Online Customer Reviews
Key Takeaways:
- The Federal Trade Commission (FTC) issued two new guides for platforms and marketers to help ensure transparency in online reviews and address soliciting, moderating, and reporting reviews, and the use of third-party “reputation boosting” services.
- The FTC has
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FTC Enforcement Hot Topics

Jason Howell and Amanda Beane talk with Janis Kestenbaum, partner at Perkins Coie and former Federal Trade Commission (FTC) attorney, about the makeup and direction of the FTC as it relates to advertising and marketing law. They focus on…