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Consumer Protection Review

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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. 

Medical patient receiving an X-Ray.
July 16, 2020

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. 

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Pillars of a courthouse
June 1, 2020

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. 

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U.S. Capitol at sunset
May 21, 2020

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. 

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Illuminated fiber optic cables
May 19, 2020

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. 

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clothing on hangers
May 18, 2020

Fashion Nova Settles with FTC for $9.3 Million for Alleged Violations of the Mail Order Rule

The Federal Trade Commission (FTC) recently announced a settlement with online fashion retailer, Fashion Nova, requiring it to pay $9.3 million in refunds to consumers for violations of the FTC's Mail, Internet, or Telephone Order Merchandise Rule ("

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Food and Beverage (Primary)
May 12, 2020

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." 

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Cannabis Farm
May 4, 2020

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. 

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People sitting in front of a laptop
April 29, 2020

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. 

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Supreme Court Outside
April 24, 2020

$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. 

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Pen with business report on financial advisor desk. Concept of business planning , accounting.
April 24, 2020

Industry Insights: Consumer Products Companies Reconfiguring Production Lines to Meet New COVID-19 Needs

Consumers' response to COVID-19 has led to increased demand for personal protective equipment and other much-needed supplies to aid consumers and healthcare professionals in the fight against the disease. 

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Conference room
April 23, 2020

FTC Sends More Warning Letters Regarding Unsupported Coronavirus Prevention and Treatment Claims

The FTC recently sent another round of warning letters to ten sellers related to advertising claims that their products treat or prevent COVID-19. 

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Two Buildings
April 16, 2020

Private Companies and Government Regulators Crack Down on Coronavirus-related Price Gouging

Two brothers in Tennessee made national news in early March after cleaning out local stores of products in high demand because of COVID-19 in order to sell them for exorbitant prices on online marketplaces.  

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Medical Healthcare Science
April 1, 2020

FTC Statement On Coronavirus Enforcement

On March 26th Federal Trade Commission (FTC) Chairman, Joe Simons, issued a statement regarding the FTC's continuing efforts to protect consumers during the coronavirus pandemic. 

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Food Grocery
March 24, 2020

FDA Issues COVID-19 Food Safety Guidance for Food Manufacturers

In light of the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has announced several steps to maintain the safe supply of food while adjusting the regulatory burden on food manufacturers. 

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Contracts
March 23, 2020

FDA & FTC Issue Warning Letters Regarding Unsupported COVID-19 Claims

The FDA and FTC recently issued joint warning letters to seven sellers of products that claimed to treat or prevent "Novel Coronavirus Disease 2019," known as COVID-19. 

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