The Bottom Line The district court's decision, no longer subject to appeal, is a clear statement that the unauthorized billing of parents for in-app purchases made by their children without informed parental consent violates the FTC Act. This case serves as a reminder that companies need to ensure Continue Reading
FTC Tells Influencers to Disclose Connections on Social Media
The Bottom Line The FTC’s letters to influencers and marketers highlight the importance of ensuring that "material connections" between influencers and marketers are "clearly and conspicuously" disclosed. Marketers should review their social media marketing policies because failure to comply could Continue Reading
Suit Challenges Jos. A. Bank Clothiers’ “Up to” Percent Off Advertising
The Bottom Line The class action lawsuit against Jos. A. Bank should serve as a reminder to advertisers to carefully consider state laws when advertising "up to" discounts or price ranges. Furthermore, this shows how class actions are serving in a very real capacity to replace regulatory actions. Continue Reading
NAD Decision on Challenge to Wegmans’ In-Store Point of Sale Displays Offers Guidance on Grocery Store Price Advertising
The Bottom Line Although the NAD refused to disrupt precedent allowing grocery stores to update their comparative prices on a weekly basis, it left open the possibility that this standard could change upon evidence that retailers check prices more frequently. Retailers should, in all cases, ensure Continue Reading
New Federal Law Protects Consumer Reviews of Products and Services
The Bottom Line Companies that utilize form contracts, including online terms and conditions, to try to prevent consumers from posting negative reviews about its products, services or conduct, should review their contracts immediately to ensure that they are in compliance with the new law and Continue Reading
NAD Action Requiring the Kardashians and Fit Tea to Disclose Their Connections in Social Media Posts
The Bottom Line This NAD case should serve as a reminder that influencers and other endorsers must disclose their material connections on Twitter, Instagram and other social media platforms. This is particularly important when the influencers are well-known celebrities as consumers are likely to Continue Reading
California Alleges Four of the Largest U.S. Retailers Engage in ‘False Reference Pricing’
The Bottom Line The California actions highlight the importance of ensuring accurate pricing statements are presented in print and online ads. That these suits were filed in California is not particularly surprising, given the state’s history of aggressive protection of consumers, and suggests Continue Reading
Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy
The Bottom Line Marketers, producers and their agencies should be aware of the variety of state and federal legal issues presented by marijuana advertising, packaging and sale. And of course, any substantial policy changes from the incoming Trump administration could have a dramatic impact on the Continue Reading
Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices
The Bottom Line This action and settlement serve as a good reminder to companies and retailers to establish robust terms that clearly describe the manner in which members will receive rewards in return for specific actions, and to ensure that all advertising claims and representations align with Continue Reading