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
First CCPA Enforcement Action’s $1.2 Million Fine to Sephora is a Wakeup Call for the Ad Tech Industry
The Bottom Line The first substantial CCPA enforcement action should be a wakeup call for the advertising industry. California is aggressively policing the industry and looking closely at the third-party tracking mechanisms used on sites. With the CPRA just around the corner, more Continue Reading
California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know
The Bottom Line Starting July 1, California’s amended automatic renewal law will become effective.The amended law includes additional notice and cancellation requirements for both free trials and automatically renewing plans, as well as an emphasis on affording consumers an “immediate” means of Continue Reading
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception. The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure Continue Reading
FTC to “Crack Down” on Ed Tech’s Use of Children’s Data
The Bottom Line The Federal Trade Commission (FTC) unanimously approved a Policy Statement that focuses on the Children’s Online Privacy Protection Act’s (COPPA’s) application to education technologies (Ed Tech) used in and by schools to support learning, including remote learning. This is Continue Reading