Daniel Kaufman

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FTC Ratchets Up Focus on Franchise Issues

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Ian Fleming famously wrote, “Once is happenstance. Twice is coincidence. Three times is enemy action.” Although we aren’t quite talking enemy action here, we are seeing heightened Federal Trade Commission (FTC) interest in issues involving franchises. First, in 2020, the FTC hosted a workshop, “Reviewing the Franchise Rule.” Second, in 2022, we saw the FTC … Continue Reading

The Federal Trade Commission’s New Health Product Compliance Guidance

Photo of Randal M. ShaheenPhoto of Daniel KaufmanBy Randal M. Shaheen and Daniel Kaufman on Posted in Advertising
Join Randy Shaheen and Daniel Kaufman as they discuss the Federal Trade Commission’s new Health Products Compliance Guidance. During this webinar, they will share their insights about the new Guidance, highlight areas of particular importance for anyone involved in marketing or analyzing health claims, and explain how this new document differs from the agency’s two-decade-old … Continue Reading

FDA Launches New Directory of Ingredients Used in Products Marketed as Dietary Supplements

Photo of Laura MacherelliPhoto of Daniel KaufmanPhoto of Marc WagnerBy Laura Macherelli, Daniel Kaufman and Marc Wagner on Posted in FDA
On March 6, the FDA announced the launch of its new “Dietary Supplement Ingredient Directory.” According to the FDA, the directory is “a one-stop shop of ingredient information that was previously found on different FDA webpages.” It will allow users to search for information on ingredients in dietary supplements and quickly find links to agency … Continue Reading

The Year of the Green – Upcoming FTC Workshop on Recyclable Claims

Photo of Daniel KaufmanPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenBy Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on Posted in FTC
Late last year, the Federal Trade Commission (FTC) announced it was examining the Guides for the Use of Environmental Marketing Claims, better known as the Green Guides. Consumer and industry interest in green marketing is through the roof these days, and the FTC just announced that it will host a workshop specifically focused on recyclability … Continue Reading

FTC’s New Office of Technology Is Not the Game Changer You Might Think

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
To modest fanfare, last week the Federal Trade Commission announced the creation of a new Office of Technology (Office or OTech). The press release noted that the Office “will strengthen the FTC’s ability to keep pace with technological challenges in the digital marketplace by supporting the agency’s law enforcement and policy work.” Any details about … Continue Reading

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

Photo of Daniel KaufmanPhoto of Aleksandra VoldBy Daniel Kaufman and Aleksandra Vold on Posted in Data Counsel
Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few decades, and health privacy remains a major concern. Case in point: The latest FTC privacy enforcement action focuses on the practices of … Continue Reading

FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century

Photo of Daniel KaufmanPhoto of Randal M. ShaheenBy Daniel Kaufman and Randal M. Shaheen on Posted in FTC
In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. Of course, since that document was issued, the FTC has announced hundreds of cases challenging claims that companies have made for health … Continue Reading

16th Public Commission Meeting – All About the Biz Opp Rule

Photo of Amy Ralph MudgePhoto of Daniel KaufmanBy Amy Ralph Mudge and Daniel Kaufman on Posted in FTC
So today’s Federal Trade Commission (FTC or Commission) meeting was a bit of a narrowly focused affair – all about the Business Opportunity Rule (Rule), which is a long-standing FTC rule that generally requires “business opportunities” to provide buyers with a one-page Disclosure Document as well as an Earnings Claims Statement if the opportunity makes … Continue Reading

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

Photo of Daniel KaufmanPhoto of Randal M. ShaheenBy Daniel Kaufman and Randal M. Shaheen on Posted in FTC
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this … Continue Reading

The 14th Public Commission Meeting – Dark Patterns, Imposter Rulemaking and Yet Another Policy Statement

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on Posted in FTC
After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. Candidly, we were a bit surprised to see the return of these meetings, but not quite as surprised as the realization that Kate Bush had the Song of the Summer in 2022. … Continue Reading

So Many Words – The FTC’s Recent Strategic Planning Reports Do Actually Matter

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Because I’m someone who is inherently suspicious, my antennae perked up the other Friday when the Federal Trade Commission (FTC) released its annual strategic planning documents. Friday releases in the summer always make me suspicious (what are you trying to bury on this Friday afternoon when I am pondering the weekend?); further, these documents included … Continue Reading
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