John P. Ferry

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Can I Run March Madness Promotions? And How Legal Is That Bracket Challenge?

Photo of John P. FerryBy John P. Ferry on Posted in Advertising
March Madness is upon us! Whether you’re filling out multiple brackets or studiously avoiding a certain co-worker because your team missed out, odds are you’re aware the annual men’s and women’s college basketball tournaments are here. But you may also be wondering, how can my business capture the moment in its advertising? The short answer: … Continue Reading

Folks Might Be Chicken to Use Green Seals After Reading This NAD Case

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in NAD
Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was brought by the ASPCA against One Health Certification Foundation, which runs the One Health Certification program for poultry. The … Continue Reading

Coinbase Decision Highlights Importance of Official Rules’ Dispute Provisions

Photo of Linda A. GoldsteinPhoto of John P. FerryBy Linda A. Goldstein and John P. Ferry on Posted in Advertising
In a rare example of a sweepstakes leading to litigation, Coinbase and its promotion agency, Marden-Kane, were sued over a sweepstakes run by Coinbase and administered by Marden-Kane titled “Trade Doge. Win Doge.” As part of that sweepstakes, Coinbase offered prizes totaling $1.2 million of Dogecoin to individuals who purchased or sold $100 worth of … Continue Reading

Why Settle for Taco Tuesday When You Can Have Recurring Tacos – But Is Your Subscription Compliance Program Soft?

Photo of Amy Ralph MudgePhoto of John P. FerryBy Amy Ralph Mudge and John P. Ferry on Posted in Subscription Marketing
Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services to fill our entertainment needs and for home workout subscriptions to get our sweat on safely. Experts do not forecast … Continue Reading

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

Photo of Linda A. GoldsteinPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenPhoto of John P. FerryPhoto of Matthew RenickBy Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on Posted in Advertising, FTC
By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

NDI Letter Shows CBD’s Position Unchanged at FDA

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in Advertising, CBD, FDA
The 2018 Farm Bill legalized hemp-derived cannabidiol (CBD) at the federal level, but in the nearly three years since then, little has changed from the perspective of the U.S. Food & Drug Administration (FDA). From the start, FDA’s regulatory position has been complicated by CBD’s previous approval as the active ingredient in the prescription drug … Continue Reading

COVID-19 Consumer Protection Act Shows Alternative Path to Monetary Remedies

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in FTC
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress passed the COVID-19 Consumer Protection Act in December 2020, which made deceptive acts or practices involving the treatment, cure, prevention, … Continue Reading

Beware Operation CBDeceit

Photo of Randal M. ShaheenPhoto of Amy Ralph MudgePhoto of John P. FerryBy Randal M. Shaheen, Amy Ralph Mudge and John P. Ferry on Posted in CBD
The Federal Trade Commission (“FTC”) announced on December 17 that it has taken action against six sellers of CBD products.  In case you need a refresher, CBD is a substance found in the cannabis plant that is widely touted for its health benefits.  The 2018 Farm Bill legalized hemp-derived CBD at the federal level, and … Continue Reading

Podcast: AD-ttorneys@law: CBD Marketing: A Path Through the Legal Fog

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in CBD
Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read BakerHostetler’s AD-ttorneys@law weekly newsletter and blog and appreciate how the firm’s renowned team of advertising, marketing and digital media lawyers distills issues … Continue Reading

FTC Enforcement: What Is Equitable Relief?

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in FTC
All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court strip the FTC of that authority entirely? The Third Circuit’s recent decision in an antitrust matter suggests so. The circuit court held Section 13(b) of … Continue Reading

Takeaways from FDA Hearing on CBD

Photo of John P. FerryBy John P. Ferry on Posted in CBD
On May 31, the Food and Drug Administration (FDA) held a hearing at its headquarters in Silver Spring, Maryland, to hear from the public about cannabidiol (CBD). The popularity of CBD was reflected in participation at the meeting, which took place in a jam-packed conference room and involved 120 speakers, selected from more than 400 … Continue Reading

A Quick Hit on CBD – Departing Commissioner Gottlieb Talks CBD With Congress

Photo of Lee H. RosebushPhoto of Randal M. ShaheenPhoto of John P. FerryBy Lee H. Rosebush, Randal M. Shaheen and John P. Ferry on Posted in CBD
Departing Food and Drug Administration (FDA) Commissioner Gottlieb reiterated many of the things we have blogged about here recently in his testimony before a Senate subcommittee this past Thursday. Among other things, Gottlieb acknowledged that: The FDA was exercising enforcement discretion with respect to the multitude of CBD oil products in the marketplace that the … Continue Reading

Supplement Sellers Beware

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in Dietary Supplements, FDA
Recognizing the rapid growth and penetration of dietary supplements into all demographics of American consumers, the Food and Drug Administration (FDA) is viewing at least some dietary supplements as belonging to “the Wild West,” and intends to be Wyatt Earp. Or supplements are the Wild Wild West and the FDA is Will Smith, if that’s … Continue Reading
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