Tag Archives: Advertising

What Is a PFAS, and Why Should I Care? Part III – California’s Proposition 65

Photo of Ryan FischbachPhoto of Bethany LukitschPhoto of Matthew ThurlowPhoto of Theodore WeissBy Ryan Fischbach, Bethany Lukitsch, Matthew Thurlow and Theodore Weiss on Posted in Advertising
In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and regulatory enforcement due to their alleged human health risks. As a quick refresher, PFAS includes a class of more than … Continue Reading

A Deeper Dive into the FTC’s Proposed Changes to the Telemarketing Sales Rule and the Continued Interest in Negative Option Programs

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
At last week’s public Federal Trade Commission (FTC) meeting, the commissioners unanimously voted for possible changes to the Telemarketing Sales Rule (TSR). Given the intense interest in FTC rulemaking and the important role the TSR plays in FTC enforcement, we thought this warranted a closer look.  First off, this is a very different rulemaking process … Continue Reading

What’s Going on at the FTC? New Employee Survey Raises Issues If You Are Engaging with the Agency

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
A recent survey of FTC employees put forward some interesting numbers. In 2020, FTC staff were asked if their senior leaders “maintain high standards of honesty and integrity” and 87 percent answered positively. In November 2021, the same staff were asked the same question and the positive responses dropped by 34 points to 53 percent. … Continue Reading

The FTC’s Website Redesign – Broken Links, Missing Content and Broken Dreams

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Whether you are an FTC fan or foe, we can all agree that one of the agency’s crown jewels is its consumer and business education program. For decades, this program has provided information that has helped consumers protect themselves and has provided businesses with important information and guidance to inform their decision making. And probably … Continue Reading

What’s in a Label – Three Takeaways from the FTC’s First Enforcement Action Brought Under the New Made in the USA Rule

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on Posted in FTC
Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product labels. In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which … Continue Reading

Bamboozling Part II: The FTC Brings Back Retro Penalty Offense Letters like Bell Bottoms and Big Hair

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
What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone eras for help in getting money in its enforcement cases. Much virtual ink … Continue Reading

The Future’s So Bright, I Gotta Wear BluBlockers – A Walk Through Advertising History

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on Posted in Advertising
The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that were on heavy rotation in the 1980s and early ’90s. For younger readers, BluBlockers were ultra-cool sunglasses that promised … Continue Reading

What Is a PFAS, and Why Should I Care? Part II – The Threat to the Restaurant and Food Packaging Industries, and Potential Personal Injury Classes

Photo of Bethany LukitschPhoto of Matthew ThurlowPhoto of Kamran AhmadianBy Bethany Lukitsch, Matthew Thurlow and Kamran Ahmadian on Posted in Food Industry
In our initial blog post, we introduced readers to per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” and predicted the rise of PFAS consumer class actions and increased regulatory activity barring the use of PFAS in consumer products in state and federal legislatures. As a quick refresher, PFAS biodegrade very slowly, are extremely persistent … Continue Reading

No Time to Weight and Watch for Children’s Data Compliance

Photo of Daniel KaufmanPhoto of Michael IngramBy Daniel Kaufman and Michael Ingram on Posted in FTC
The Federal Trade Commission (FTC) recently settled with Weight Watchers (WW) and its subsidiary Kurbo for alleged violations of the Children’s Online Privacy Protection Act  (COPPA). COPPA requires websites, apps and other online services to obtain express parental consent prior to collecting, using or disclosing personal information of children under 13. It is a complex … Continue Reading

What is a PFAS, and Why Should I Care?

Photo of Bethany LukitschPhoto of Kamran AhmadianPhoto of Julie Singer BradyPhoto of Matthew ThurlowPhoto of Amy Ralph MudgeBy Bethany Lukitsch, Kamran Ahmadian, Julie Singer Brady, Matthew Thurlow and Amy Ralph Mudge on Posted in Advertising
We are bombarded with countless abbreviations every day – CPPA, GLBA, MSRP, SARS and BPA, to name just a few. Time to add one more to the list. Per- and polyfluoroalkyl substances, colloquially known as PFAS, are a class of more than 4,700 chemical compounds, the components of which break down very slowly over time. … Continue Reading

Leveling Up: Advertising to Children Through Video Games

Photo of Carolina AlonsoPhoto of Michael IngramPhoto of Amy Ralph MudgeBy Carolina Alonso, Michael Ingram and Amy Ralph Mudge on Posted in Advertising
Video games have come a long way from the days of Atari’s Pong; today’s games can contain fully immersive worlds complete with brand partnerships. Video game platforms, such as Roblox, which boasts over 100 million active users in its virtual world, can reach swaths of potential brand loyalists. For many companies and brands, video game … Continue Reading

FTC and the States — Everything You Wanted to Know but Were Afraid to Ask

Photo of Daniel KaufmanPhoto of Victoria WeatherfordBy Daniel Kaufman and Victoria Weatherford on Posted in FTC
A lot has been written about the impact of the Supreme Court’s AMG decision on the Federal Trade Commission’s (FTC) future law enforcement approaches and strategies. One option is more administrative litigation, but that process can take many years and requires the FTC to demonstrate that the challenged practices were “dishonest or fraudulent.” Another option … Continue Reading

Look Back, Look Ahead: State Attorneys General Enforcement – Part Two

Photo of Craig A. HoffmanPhoto of Victoria WeatherfordPhoto of Jeffrey ZohnBy Craig A. Hoffman, Victoria Weatherford and Jeffrey Zohn on Posted in State Attorneys General
Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. The following summarizes our 10 predictions for state attorneys general enforcement in 2022. Prediction No. 1: Upcoming … Continue Reading

FTC Issues Guidance on Use of Consumer Reviews: Brands, Platforms and Comparison Websites Are in the Hot Seat

Photo of Linda A. GoldsteinBy Linda A. Goldstein on Posted in Advertising, FTC
The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. In fact, a recent study by Bright Local revealed that over 85 percent of consumers trust online reviews as much as recommendations … Continue Reading

Made in USA, Part Three – Materials Not Available in the US

Photo of Randal M. ShaheenPhoto of Amy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on Posted in Advertising, FTC
This is our third blog in a series that is examining potential ambiguities in the Federal Trade Commission’s (Commission) Made in USA (MUSA) guidance – ambiguities that become particularly more important now that MUSA claims in labeling are the subject of a new Commission, the violation of which can lead to civil penalties. Suppose a … Continue Reading

All Eyes on Us – the Latest FTC Case Involves Contact Lenses plus an Important Lesson About Incentivized Reviews

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when Lady Gaga appeared in her Bad Romance video with “cartoonishly large eyes.” But the agency just announced a case against … Continue Reading

Brand NFT Advertising Basics, or One for All of Us Who Wanted a Pony Growing Up, Who Don’t Quite Get the NFT Buzz, and Who Really, Really Need a Vacation

Photo of Amy Ralph MudgePhoto of Matthew RenickBy Amy Ralph Mudge and Matthew Renick on Posted in Advertising
This may be one of the best ads in recent memory – an ad promoting visiting Lexington, Kentucky, horse capital of the world. The ad promises to make kids’ holiday dreams come true with the opportunity to buy “Non Fungible Thoroughbreds” at VisitLEX. The horses have names like Ol’ Pixel Face, iHorse, OpenSea Biscuit, Notta … Continue Reading

AdTech: Regulation, Compliance and Where We are Heading

Photo of Theodore J. Kobus IIIBy Theodore J. Kobus III on Posted in Advertising
Partners Fernando Bohorquez, Gerald Ferguson, Linda Goldstein and Jeewon Serrato, and Associate Justin Yedor served as panelists in a recent article published in the January 2022 issue of Financier Worldwide. In the article, they offer insights regarding key advertising technology regulation and compliance trends, including recent digital advertising efforts, benefits and insights, and current regulatory … Continue Reading

Dreaming of Ads for Sugarplums

Photo of Amy Ralph MudgeBy Amy Ralph Mudge on Posted in Advertising
Leading into the long holiday weekend, we on the BakerHostetler Advertising, Marketing & Digital Media team have lots to be thankful for. Our newest partner, Daniel, has really helped remind us how much we enjoy blogging. As we are pushing off the pandemic languishing, one of our resolutions is to commit to more consistent posts … Continue Reading

Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

Photo of Amy Ralph MudgePhoto of Randal M. ShaheenBy Amy Ralph Mudge and Randal M. Shaheen on Posted in Advertising, FTC
The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or third look at their practices when it comes to endorsements and testimonials and are beefing up their training and … Continue Reading
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