The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression
The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
The Top 10 Advertising and Marketing Issues to Watch for in 2022
The Bottom Line All marketers should examine their current practices to ensure that they can comply with updated laws and guidance. We will continue to monitor compliance and enforcement trends throughout 2022. 2022 has the potential to be a major year for the advertising and Continue Reading
Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions
The Bottom Line Cryptocurrency companies are subject to various federal laws and may be regulated by a number of federal agencies, including the Securities and Exchange Commission. Though the cryptocurrency market has matured in recent years, there are still plenty of risks, and agencies, media 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
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
CARU Releases Revised Children’s Advertising Guidelines
The Bottom Line The Children’s Advertising Review Unit (CARU) recently released its revised self-regulatory guidelines for responsible advertising to children (the Revised Guidelines). The Revised Guidelines go into effect on January 1, 2022 and address the new media formats directed to Continue Reading
FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines
The Bottom Line The Federal Trade Commission (FTC) recently announced a settlement with Kuuhuub Inc., the operator of an online coloring book app, along with its Finnish subsidiaries Kuu Hubb Oy and Recolor Oy, for violations of the Children’s Online Privacy Protection Act (COPPA). The FTC Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The Cannabis Administration and Opportunity Act was introduced in the Senate earlier this month by Senator Chuck Schumer (D-NY). The bill would remove federal prohibitions on the manufacture, sale and possession of marijuana, and would also dramatically alter the current Continue Reading