In previous posts, we’ve discussed the Federal Trade Commission’s significant enforcement efforts focused on two hot button issues: unsubstantiated health marketing claims and deceptive product endorsements. Once again, both came together in a Complaint and Settlement announced by the agency on December 12, 2016. The continue reading...
Medical endorsements can be powerful selling tools for health care products. But if a medical professional has a connection to the company marketing the products that would be material to consumers in evaluating the credibility of the endorsement, the connection must be disclosed in advertising continue reading...
Following the formal approval of the EU-U.S. Privacy Shield by the European Commission on 8 July 2016, the arrangement will come into force in the U.S. commencing 1 August 2016 and will provide a convenient framework to allow U.S.-based companies to store, process and access continue reading...
Earlier this week, the FTC announced that Warner Brothers entered into a consent order as a result of a complaint charging failure to adequately disclose that the video game publisher paid influencers to promote a new video game called Middle Earth: Shadow of Mordor via continue reading...
Late last week, the International Consumer Protection and Enforcement Network (“ICPEN”) published three sets of guidelines covering online reviews and endorsements. Why does this matter? ICPEN is an informal network of consumer protection law enforcement authorities from over 60 jurisdictions, including the US, the UK, continue reading...
Following on the heels of the FTC’s March 2016 settlement with Lord & Taylor concerning a deceptive native advertising campaign, the FTC just announced that it has reached a settlement with SmartClick Media LLC over its phony doctor certification program and three deceptively formatted websites. While the continue reading...
As was widely report here, here and here, the Federal Trade Commission entered into a settlement in March with Lord & Taylor over charges that the retailer allegedly deceived consumers through a native advertising campaign run on Instagram and an online fashion magazine in March continue reading...
At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen real-world examples to help businesses understand why and when disclosures are necessary in continue reading...
Last week, the FTC issued its long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements, often referred to as “native advertising.” For those unfamiliar with the term, the FTC helpfully explains that “native advertising” is advertising and promotional content designed to be integrated into — and continue reading...
A little over 30 years ago, Bruce Springsteen unleashed “Born in the USA”–the rock anthem about disaffected Vietnam veterans struggling as they returned home. Today, clothing manufacturers and their resellers riffing on that “U.S.A. theme” have unleashed something quite different: class action lawsuits spurred by continue reading...
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
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