From our base in New York, we represent a diverse range of clients across the country and around the world.

FTC Orders The Bountiful Company to Pay $600,000 in Fines in First Case Challenging “Review Hijacking”

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The Bottom Line Review hijacking can result in a misperception that consumers have reviewed and endorsed products that they have not actually used. Brands should be mindful when creating relationships between products or integrating new products or formulations onto webpages for existing Continue Reading

Can You Back That Claim Up? FTC Sends Nearly 700 Notices About Substantiating Product Claims

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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

From Record Clubs to Retail Subscriptions: FTC Proposes Significant Expansion of Negative Option Rule

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The Bottom Line Negative option offers – such as prenotification plans, continuity programs, automatic renewals and free-to-pay conversions – allow a seller to interpret a customer’s silence, or failure to take an affirmative action, as acceptance of an offer. The FTC created the Negative Continue Reading

FTC Warns Marketers on AI Claims in Advertising

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The Bottom Line The FTC is paying close attention to artificial intelligence, its work product and any false or unsubstantiated claims stemming from it.Marketers must have adequate support for any claims they make about their AI products or they could face FTC scrutiny. As anticipated in our Continue Reading

The FTC Enforces its First Fine Under the Health Breach Notification Rule

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The Bottom Line The FTC is showing that it intends to be more active regarding the misuse and exploitation of sensitive personal information. Companies that use health information should take precautions to protect consumer data and provide proper disclosures when sharing health information with Continue Reading

The FTC’s Sweeping Proposal to Ban Non-Competes

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The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading

Top 10 Advertising and Marketing Issues for 2023

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The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading