‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways.
Consumer Protection Review
The latest legal updates in marketing, consumer products & consumer protection
Latest from Consumer Protection Review - Page 2
FTC Issues Enforcement Statement on Recurring Subscription Programs and Dark Patterns
Key Takeaways:
- The FTC’s new Enforcement Policy Statement provides a roadmap for how the FTC may enforce against allegedly unfair and deceptive practices related to automatically recurring subscriptions.
- The Enforcement Policy Statement may indicate a more aggressive approach by the
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Gender-based Pricing
By Amanda Beane & Jason Howell
Advertising Disputes—An Alternative to Litigation
By Amanda Beane & Jason Howell

For 50 years, the National Advertising Division (NAD) has been at the forefront of monitoring national advertising, enforcing high standards of truth and accuracy, and resolving advertising disputes (typically between competitors) to build consumer trust and support fair and truthful…
California Passes Updated Automatic Renewal Law
Key Takeaways:
- On October 4, 2021, California passed an amended automatic renewal law that will require businesses to follow stricter cancellation and notice requirements for subscription-based products and services.
- The updated law goes into effect on July 1, 2022.
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FTC Issues Notice of Penalty Offenses Warning Companies to Comply with Endorsement Requirements
Key Takeaways:
- FTC sends Notice of Penalty Offenses to advertisers warning that unfair and deceptive acts and practices related to endorsements could trigger penalties of up to $43,792 per violation.
- Advertisers should review and refresh their policies, trainings, and compliance
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FTC Follows Through on Prioritizing Investigations into False Advertising in Healthcare Markets
Key Takeaways:
- The FTC is prioritizing investigations into and actions against false and misleading advertisements in healthcare markets.
- Companies with healthcare products, especially those advertising medical treatments, should take care to ensure they do not overstate the efficacy of those
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Social Media Influencer Faces Trademark Infringement Suit
Key Takeaway: Companies and social media influencers should conduct reasonable due diligence and consider the potential for trademark infringement lawsuits before they post promotional content. Both parties should also consider what contractual protections and provisions make sense for each influencer…
CARU Updates Children’s Advertising Guidelines
Key Takeaways:
- The Children’s Advertising Review Unit has released new guidelines for children’s advertising, moving beyond traditional TV advertising, to address a broader range of digital advertising issues.
- The updated Guidelines go into effect on January 1, 2022 and apply
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