The Bottom Line It has been a busy week for the FTC – and expect the regulators to keep churning. The FTC is likely already on the hunt for a test case to apply the newly revised Endorsement Guides.Now is the time to get ahead of the updates and audit both internal and external influencer and Continue Reading
Aspirational Green Claims: NARB Finds Net Zero Claims Unsupported
The Bottom Line A recent decision from NARB helps illustrate the fine line between a feasible plan to achieve an environmental goal, and the exploratory stages of an aspirational effort.Environmental marketing claims continue to present risk and may lead to challenges – companies must ensure that Continue Reading
A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment
The Bottom Line: The FTC’s lawsuit is likely to be the first of many alleging the use of “dark patterns” in e-commerce and is instructive as to the specific types of practices the FTC will find deceptive in the future.Against the backdrop of the FTC’s revisions to the Negative Option Rule, the Continue Reading
The Warnings Were Real: FTC Takes Action Against Ed Tech Company for COPPA Violation
The Bottom Line The legal responsibility for complying with COPPA remains with the ed tech provider — not schools, students or parents.Ed tech providers may rely on schools to authorize data collection in lieu of parental consent only if the information collected from children is used solely for Continue Reading
Talking Trash: Takeaways from FTC Workshop on Recyclable Claims
The Bottom Line The FTC is continuing its review of the Green Guides and companies should stay tuned for further updates.The FTC is accepting public comments on "recyclable" claims through June 13, 2023. The FTC is in the process of reviewing – and potentially revising – its Guides for the Continue Reading
Association of National Advertisers | Legal Affairs Committee Webinar | Stay in Compliance Without Losing Your Edge
Quick Details Date | May 11, 2:00 PM ET Location | Online Presenters Session Overview Every year, new trends, technologies and threats profoundly impact the business landscape. This year's top advertising and marketing issues are largely focused on one theme: Protection. Marketers Continue Reading
Can You Back That Claim Up? FTC Sends Nearly 700 Notices About Substantiating Product Claims
The Bottom Line As the FTC appears focused on seeking monetary penalties in response to product claims, brands and marketers should ensure that their practices are lawful.While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a Continue Reading
Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions
The Bottom Line Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient substantiation, companies should not assume that aspirational statements can be made Continue Reading
FTC Staff Report Brings Dark Patterns to Light
The Bottom Line Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from Continue Reading
SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post
The Bottom Line The Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without Continue Reading