Consumer Protection Review
Consumer Protection Review
Consumer Protection Review helps businesses that market and sell to consumers navigate federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection.
Court Upholds Grocer’s Mandatory Mask Policy Against ADA Claim
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NAD Refers Implied COVID-19 Claims to FDA and FTC When Marketer of Dietary Supplement Fails to Respond to Inquiry
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Court Holds That Subway’s “Cluttered” Website Inhibits Ability to Compel Arbitration
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FTC Enters Into $22 Million Settlement With Manufacturer of Willow Curve Regarding Unsubstantiated Pain Relief Claims and Deceptive Native Advertising
On June 25, 2020, the Federal Trade Commission (FTC) announced a $22 million settlement with the marketers of a low-level light therapy device called Willow Curve to enjoin them from making unsubstantiated and deceptive claims about the device's ability to treat chronic,
Check in on Influencer Marketing
While regulator actions related to the COVID-19 pandemic have understandably received the bulk of consumer protection headlines in recent months, influencer marketing remains a hot topic for the Federal Trade Commission (FTC) and National Advertising Division (NAD).
Supreme Court to Review FTC Authority to Obtain Restitution
On July 9, 2020, the U.S. Supreme Court granted certiorari in two cases to review whether the FTC has authority to seek restitution under Section 13(b) of the FTC Act. Section 13(b) provides that the FTC "may seek, and after proper proof, the court may issue, a permanent injunction."
NAD Uses Monitoring to Discourage Misleading COVID-19 Health Claims
As part of its routine monitoring program, the National Advertising Division (NAD) recently announced several decisions involving social media posts that advertised products as having health benefits that could help protect against COVID-19.
FTC’s COVID-19 Response: Latest Developments
Last week, the FTC sent another 50 warning letters related to COVID-19 advertising claims, adding to the growing list of FTC warnings and actions intended to address false and deceptive marketing during the pandemic.
FTC Stops Online Subscription Service Offering “Free” Trials with Hidden Terms
A global marketer who charged consumers after they signed up for "free trials" has settled with the FTC. The FTC alleged that the defendants made $74 million by enrolling customers for paid subscriptions of cosmetics and dietary supplements without their consent.
ESRB Issues Labeling Requirement for Video Games Containing Loot Boxes
The ESRB, and it's European equivalent PEGI, have issued new labeling requirements for video games containing loot boxes or other types of in-game purchases with randomized elements.
Fashion Nova Settles with FTC for $9.3 Million for Alleged Violations of the Mail Order Rule
Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules
California courts remain a top forum for food litigation matters. So many matters are heard in the Northern District of California that it has gained a reputation as the "Food Court."
More FTC Civil Enforcement for COVID-19 and CBD Cancer Treatment Claims
On April 28, 2020, the FTC announced a preliminary order in a civil enforcement action against a supplement manufacturer that allegedly made false and unsubstantiated claims regarding COVID-19 and cancer.
National Advertising Division Launches Fast-Track Swift Process
On April 2, 2020 the National Advertising Division (NAD) launched its Fast-Track SWIFT (Single Well-defined Issue Fast Track) resolution process, promising to resolve single-issue cases in 20 business days.
$1 Million Settlement Announced in FTC’s “Made in USA” Enforcement Against Williams-Sonoma
The FTC has announced a settlement with furniture and houseware seller Williams-Sonoma, requiring it to cease making unsubstantiated "Made in USA" claims about its products and pay $1 million to the FTC.