The Bottom Line The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into Continue Reading
California Law Restricts Recyclability Claims
The Bottom Line The recently signed California Senate Bill 343 prohibits use of the “chasing arrows” recyclable symbol, or any other symbol or statement indicating that a product or packaging is recyclable, in California, unless the product is recyclable in accordance with certain Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line The California Attorney General continues to bring enforcement actions relating to the California Consumer Privacy Act (CCPA). While advertisers and marketers have generally focused on CCPA compliance with respect to privacy practices, it is important to highlight a marketing Continue Reading
FTC Sends Notices to Businesses Promoting Money-Making Opportunities
The Bottom Line The Federal Trade Commission (FTC) put more than 1,100 companies offering money-making opportunities on notice that they could incur civil penalties of up to $43,792 per violation for making false and misleading claims regarding potential earnings. This is the latest instance Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line The FTC continues to explore its myriad of enforcement options, most recently by using its Penalty Offense Authority under Section 5 of the Federal Trade Commission Act (FTC Act) to put more than 700 companies on notice that they could incur significant civil penalties (up to Continue Reading
Court Enforces Arbitration Clause in In-Home Services App Agreement
The Bottom Line A federal Court of Appeals has once again affirmed the enforceability of an arbitration clause in a mobile application’s contractual terms. The Boston, Massachusetts appellate court held that an app user who clicked “Accept” on a screen referencing and displaying at least Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line California’s newly passed Assembly Bill 45 now explicitly permits cannabidiol (CBD) to be included in food and dietary supplement products and creates advertising and labeling restrictions. This is a stark departure from the California Department of Public Health’s prior Continue Reading
Key Considerations for Cannabis Borrowers
The Bottom Line For cannabis-related entities in need of financing, there a limited number of options compared to the general market. As the industry grows, and demand for funds to support this growth potentially outstrips the supply of financiers willing to enter the space, the burden Continue Reading
Cybersecurity and Privacy Risks Rise with Remote Workforce
The Bottom Line With striking speed, the coronavirus pushed much of the U.S. workforce to a remote environment. Even as businesses and cities reopen, this remote work trend is likely to continue for the foreseeable future. As an unwelcome consequence, many are now exposed to a whole Continue Reading
SAG-AFTRA and JPC Allow for Mandatory Vaccine Policies on Production Sets
The Bottom Line The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and the Joint Policy Committee (JPC) announced an addendum to their COVID-19 Commercial Production Safety and Testing Protocol Agreement of April 16, 2021 (COVID-19 Safety Protocol Continue Reading