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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. 

Court Gavel
November 1, 2024

Supreme Court To Review FCC Authority Over Junk Faxes

In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4, 2024)—a case which appears primed to address how much deference federal courts must give to agency interpretations of the law. View blog post
Phone Consumer
October 22, 2024

Upcoming Requirements for Digital Goods and Subscription Offers in California

The state of California has new and amended laws imposing requirements on businesses that offer digital goods or subscriptions. View blog post
Artificial Intelligence Robotics Wave
October 21, 2024

With Operation AI Comply, the FTC Steps Up AI Enforcement

The Federal Trade Commission (FTC) recently announced several enforcement actions and proposed settlements as part of a new sweep it calls “Operation AI Comply.” View blog post
Workplace Conversation
June 28, 2024

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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Phone Consumer
June 12, 2024

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). View blog post
Advertising, Marketing & Promotions (Primary?)
May 20, 2024

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. View blog post
Consumer Protection image, customer holding a product in a grocery store
May 1, 2024

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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U.S. Capitol at sunset
April 26, 2024

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. View blog post
Illuminated fiber optic cables
April 17, 2024

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. View blog post
view of people meeting through glass wall
February 27, 2024

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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Gavel banging
January 30, 2024

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. View blog post
Coffee Food and Beverage
December 19, 2023

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. View blog post
bell on front desk at hotel
November 9, 2023

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. View blog post
Person with headphones in front of computer
October 18, 2023

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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Woman on a laptop
October 3, 2023

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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