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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. Subscribe 🡢

Workplace Conversation

The FTC's Latest AI and Your Business

The Federal Trade Commission (FTC) recently published a new blog post within its series titled "AI and Your Business." The post emphasized the FTC's views on the importance of accuracy, transparency, and privacy as brands continue to incorporate artificial intelligence (AI) in their

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From California to New York, Junk Fees Continue to Be a Hot Topic for Legislators and Regulators

California's "drip pricing" law SB 478 will come into effect on July 1, 2024, restricting how businesses can present prices and fees. The law prohibits advertising, displaying, or offering prices for goods and services that do not include all mandatory fees (excluding taxes or government fees).

Advertising, Marketing & Promotions (Primary?)

CARU Issues Warning About Using AI in Child-Directed Advertising and Data Collection

CARU recently issued a compliance warning to put advertisers, brands, endorsers, developers, toy manufacturers, and others on notice that the Advertising Guidelines and Privacy Guidelines apply to the use of AI in advertising to and collecting personal data from children under 13. A few highlights from the compliance warning follow.

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Is Your Trademark Notice an Advertising Claim?

In an unusual decision[1] this month, the National Advertising Division of BBB National Programs (NAD) recommended that Planting Hope Brands (PHB), a plant-based food and beverage company, discontinue its use of the registered trademark symbol or ® on the packaging and advertising for its product RIGHTRICE, a plant-derived flour-based kernel.

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DOJ Adopts Accessibility Standards for State and Local Government Web Content

The DOJ has formally adopted a technical standard for the first time in the form of WCAG 2.1, Level AA. WCAG is an international standard that identifies a set of broadly applicable guidelines designed to foster web accessibility such as specifying the requirements for captioning video content.

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National Advertising Division Flags Social Media Disclosure Obligations for Wonderbelly, Its Influencers, and Investor Demi Moore

Haleon plc recently challenged Ginger Health Company (Wonderbelly) at the National Advertising Division (NAD) about influencer-related disclosure obligations in social media posts.

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges.

This Update highlights hot topics in advertising law for 2024.

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Judge Rules Water Bottler Must Face Class Action Over “Carbon Neutral” Claims

Brands should pay close attention to sustainable advertising claims because challenges to these claims are common.

Coffee Food and Beverage

FTC Warns Trade Associations and Influencers About Social Media Posts Promoting Sugar

The warning letters sent by the FTC urge the health and diet influencers to review their Instagram, TikTok, and other social media posts to ensure that any material connections are clearly and conspicuously disclosed.

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Junk Fees Under Scrutiny: FTC Issues Proposed Rulemaking

The Commission voted 3-0 to approve the publication of the notice of proposed rulemaking. Consumers have 60 days after the notice is published in the Federal Register to submit comments electronically.

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New Version of Web Content Accessibility Guidelines Released

The Web Content Accessibility Guidelines (WCAG) are an international standard used to assess the accessibility of web content for people with disabilities.

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FTC Staff Perspective: Preventing Blurred Advertising to Children

The FTC released a staff paper in September 2023 directed at businesses and social media influencers who promote products to children online.

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FTC Reaches $650,000 Settlement With Experian Over Unsolicited Emails

Under the CAN-SPAM Act, brands must provide a way for consumers to opt out of commercial email messages. However, according to a complaint filed by the U.S. Department of Justice (DOJ) on behalf of the FTC, Experian sent marketing emails without explicit opt-out instructions.

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FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

The Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC's latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.

Housing Real Estate

FTC’s Secures $18.5 Million Settlement With Publishers Clearing House for Alleged Dark Pattern Sweepstakes Tactics

Key Update: