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. Subscribe 🡢
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.
Court Upholds Grocer’s Mandatory Mask Policy Against ADA Claim
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Price, Sale, and Discount Advertising
Jason Howell and Amanda Beane discuss the basics of "was/now" pricing, discounts off of list and MSRP prices, and free offers.
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,
Green Advertising and Sustainability
Jason Howell and Amanda Beane discuss green advertising, marketing, and sustainability issues, and how to navigate related pitfalls.
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."
The AMP Moment Podcast
The co-chairs of Perkins Coie's Advertising, Marketing & Promotions (AMP) group are excited to launch their podcast titled The AMP Moment.
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.