The Bottom Line While the FTC’s action against Match plays out in court, it is worth noting that the FTC last initiated a regulatory review of the Negative Option Rule over a decade ago in 2009. When the FTC completed that review in 2014, it concluded that amendments were not warranted because the Continue Reading
FTC Brings Actions Against the Sale of ‘Fake Indicators of Social Media Influence’ and ‘Fake Reviews’
The Bottom Line The FTC’s actions challenging the sale of fake social media indicators and online reviews are intended to deter others from polluting the online marketplace with deceptive and inaccurate information. It is important to reiterate that the FTC brought its actions against two chief Continue Reading
FTC Releases New Resources for Influencers
The Bottom Line The FTC’s brochure and microsite are new resources that will be helpful for both marketers training their influencers as well as to influencers themselves in making disclosures. This clear and practical guidance from the FTC should put all involved parties — including influencers Continue Reading
SAG-AFTRA Imposes New Restrictions on Third-Party Signatories through New Letter of Adherence
The Bottom Line The terms of the LOA are set to become effective on January 1, 2020. This deadline gives the signatories, advertisers and non-union agencies limited time to assess how the LOA’s new restrictions will impact their respective roles in the production process, and chart their best Continue Reading
Google and YouTube to Pay $170 Million in Largest Ever COPPA Settlement
The Bottom Line The settlement reached by the FTC and the New York State Attorney General with Google and YouTube imposes significant costs on the companies, even beyond the record-breaking $170 million civil penalty. It is a signal to advertisers, content providers, app developers and website Continue Reading
FTC to Review the Children’s Online Privacy Protection Act
The Bottom Line The FTC’s latest COPPA review will not only impact online services that traditionally have been directed to children, but may extend to services that historically have not been considered child-directed, such as interactive television, interactive gaming and chatbots. The COPPA Continue Reading
FDA Public Hearing on the Use of Cannabis and Cannabis-Derived Compounds in Food and Dietary Supplements
The Bottom Line The FDA is in uncharted territory and has requested additional safety data to assess whether CBD and other cannabis-derived compounds can be safely added to food and dietary supplements.The industry believes that CBD has the potential for significant health benefits, but is open Continue Reading
Two Websites Settle FTC Allegations That They Failed to Secure Consumer Data
The Bottom Line The security of consumer data is an important priority for the FTC and has become even more important in recent years, particularly when such data is subject to attacks by malicious third parties. The FTC emphasized that both settlements contained “new requirements” going beyond Continue Reading
FTC and FDA Target Advertising of CBD Health Claims
The Bottom Line The legalization of hemp is a major step in establishing a potentially significant new industry. However, producers and marketers need to exercise caution when making health-related claims in connection with hemp-based product. The FTC and FDA will continue to aggressively review Continue Reading
FTC Settlement Over Charges of Misleading Consumer Reviews and Deceptive Negative Option Marketing Practices
The Bottom Line The FTC continues to take action where it finds that marketers are engaging in misleading incentivized product review practices or enrolling customers in deceptive “free trial” negative option plans without providing the appropriate disclosures and obtaining the consumer’s Continue Reading