The Bottom Line It should come as no surprise to companies that they should not be purchasing or posting fake reviews of their products as a way to improve sales to customers. The action against Cure Encapsulations and its owner shows that the FTC is interested in taking action to halt the Continue Reading
FTC and FDA Sent Warning Letters to Companies Advertising Products that Claim Treatment of Disease
The Bottom Line The FTC and FDA are aggressively reviewing companies’ websites and social media channels for false or unsubstantiated health claims and efficacy claims. Advertisements on company websites and in social media posts must avoid false or unsubstantiated health claims, and efficacy Continue Reading
New York City Law Expanding Employers’ Lactation Accommodation Obligations Goes Into Effect on March 18, 2019
The Bottom Line Before March 18, 2019, New York City employers with four or more employees should review their written policies and HR practices in advance to ensure that they have the appropriate space to satisfy the law’s lactation room requirements and that they provide a compliant lactation Continue Reading
CCPA Update: Preparing for the CCPA – 10 Things You Can Tackle Now
The Bottom Line In the ever-changing landscape of the U.S. privacy space, businesses should not take a wait-and-see approach when it comes to CCPA compliance. The ten action items outlined in this Alert will not only assist businesses with CCPA compliance, but may also assist with compliance with Continue Reading
As More States Legalize Marijuana, Advertising and Marketing Regulations Come Into Focus
The Bottom Line The advertising opportunities in this evolving industry are hard to ignore. However, with more opportunities comes more confusion, as state advertising regulations differ and the conflicts with the federal government become increasingly complicated. All participants in the Continue Reading
New York and Florida AGs Settle Charges with Seller of Fake Social Media Accounts and Engagements
The Bottom Line Brands, marketers, and their agencies typically have the most to lose due to fraudulent social media traffic, in the form of wasted marketing dollars spent appealing to non-existent users. However, these settlements made clear that such practices also harm consumers and social Continue Reading
Mastercard Announces New Free Trial Rules for Merchants
The Bottom Line Companies that engage in negative option and subscription-based marketing must comply with various federal and state laws governing their practices. The proposed Mastercard rules will add another set of requirements to this compliance landscape. Marketers should prepare to comply Continue Reading
CCPA Update: California Public Forums and Other Proposed State/Federal Legislation
The Bottom Line Taken together, these legislative developments are indicative of the increasingly complicated and potentially confusing data privacy regime that lies ahead. What remains clear is that businesses that process personal information need to remain diligent about privacy and data Continue Reading
The FTC’s “Reasonable Basis” Standard Has Evolved for Disease Efficacy Claims
The Bottom Line The FTC made it clear many times in 2018 that disease efficacy claims must be supported by competent and reliable scientific evidence, including human clinical testing, and that expert opinions will help guide the kind of human clinical testing and the number of RCTs that is Continue Reading
Celebrity Endorsers of Initial Coin Offerings Settle with Securities and Exchange Commission
The Bottom Line Celebrities not only need to comply with the FTC Endorsement Guides but also need to comply with the SEC’s disclosure rules when endorsing ICOs, or risk facing charges similar to those brought against Khaled and Mayweather.These recent charges reflect the SEC’s concern around the Continue Reading