Archives: FTC

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Endorsements and Actual Usage – A Deep Dive into the FTC and State Attorneys General Lawsuits Against Google

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might remember that we previously reported on this lawsuit when it was filed, in January 2022. While Texas was first out of … Continue Reading

FTC Brings the Supreme Court Together Again

For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity. Unfortunately for the FTC, that unanimity has again come at the agency’s expense. Two years ago, the Supreme … Continue Reading

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive endorsement practices. In a continuation of these pot-stirring practices, the FTC has now notified 670 companies that they may be subject … Continue Reading

FTC Defendants Stumble After a Disorderly Race to the Courthouse

Labor law attorney legal business concept internet technology.Last June, the Federal Trade Commission (FTC) brought a lawsuit against Gravity Defyer and its owner in federal court, alleging that the defendants were making deceptive pain-relief claims for Gravity Defyer footwear. The lawsuit alleged violations of the FTC Act as well as violations of a prior FTC administrative order that had been entered against … Continue Reading

FTC Ratchets Up Focus on Franchise Issues

Shop supply lines. Logistics and maintaining facilities equipment. Franchise business. Business management. Process optimization. Investment and network expansion. Trade coverage. Stores outletsIan 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 Year of the Green – Upcoming FTC Workshop on Recyclable Claims

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

It’s Shark Week at the FTC!

shark fin on surface of ocean agains blue cloudy skyWe all know Mark Cuban has got it going on. One of the original tech bros, he made his fortune investing in early online streaming services. And is super famous for being rich, owning the Dallas Mavericks, being on Shark Tank, and playing himself being rich on Entourage. Well, he’s upset, and not just because … Continue Reading

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

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

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

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

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