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.
FTC Gives Teeth to Made in USA Enforcement
Earlier this month the Federal Trade Commission formally codified its long-standing Made in USA guidelines into a formal rule that will go into effect August 13, 2021.
The law is consistent with prior guidelines:
FTC Brings Action Alleging False PPE Delivery Claims
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National Advertising Division Weighs in on Advertising Claims Related to Lab-Grown Diamonds
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Loyalty and Rewards Programs
Jason Howell teams up with Miriam Farhi, co-chair of Perkins Coie's Privacy & Security practice, to discuss common legal issues and pitfalls associated with loyalty and rewards programs, including in the areas of marketing, privacy, and litigation.
Nearly 100 Cases Claim That Baby Food is Tainted With “Dangerous Levels” of Heavy Metals; Here’s What You Need to Know
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Supreme Court Rules FTC Cannot Obtain Monetary Relief Under Section 13(b)
On April 22, 2021, in a unanimous decision, the U.S. Supreme Court in AMG Capital Management v. FTC held that the authorization to seek a "permanent injunction" under Section 13(b) of the Federal Trade Commission Act does not permit the FTC to obtain equitable monetary relief such as restitution and disgorgement.
Eleventh Circuit Rules that Websites Are Not Public Accommodations Under the ADA
On April 7, 2021, the U.S. Court of Appeals for the Eleventh Circuit issued a decision in a closely watched web accessibility case, holding that websites do not constitute places of public accommodations under Title III of the Americans with Disabilities Act (ADA).
FTC Announces Workshop to Address Digital “Dark Patterns”
On April 29, 2021, the Federal Trade Commission (FTC) will host a public workshop to examine consumer protection issues related to "dark patterns"—website and app interface features designed to subvert or impair consumer autonomy, decision-making, or choices.
Ninth Circuit Revives False Advertising Case Involving Product Review Site Given Alleged Undisclosed Connections to Plaintiff’s Competitor
In a published ruling, the Ninth Circuit recently held that a company potentially stated a claim for false advertising under the Lanham Act when it alleged that a product review site had significant undisclosed financial connections to a competitor while purporting to be independent.
Practice in a Pandemic: In-house Counsel Work and Life Tips
Jason Howell and guest Lindsey Buckner from 7-Eleven discuss common challenges for in-house legal, including how to seamlessly integrate with in-house marketing teams and how to create work-life boundaries while wo
What to Expect From Acting Chairwoman Rosenworcel’s FCC
President Biden has appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission.
California Proposes New Short-Form Prop. 65 Warning Labels
On January 8, 2021, California's Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses selling to California consumers may use short-form Proposition 65 warnings on their
FTC and Glue Maker Reach $1.2 Million Settlement Over Deceptive “Made in USA” Claims
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NAD Recommends Modifications to Blueland’s Environmental and Comparative Claims
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Hot Ad Law Topics for 2021
Ring in the new year by avoiding marketing practices that could result in class actions, regulatory enforcement actions, and competitor claims.
Here are five advertising and marketing law takeaways for brands and legal teams to consider for 2021.