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Publications
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07.27.2023Sustainability Advertising: US and EU Regulators Boost Guidance and EnforcementUpdatesBrands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. This Update summarizes certain regulatory developments in the United States and EU related to green claims.
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04.04.2023FTC Proposes Rulemaking for Recurring Subscription ProgramsUpdatesThe Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.
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12.29.2022Keep Your New Year Happy and Bright With These Ad Law TipsUpdatesAnother new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we share our picks for the top five U.S. marketing law topics that deserve your attention in 2023.
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10.04.2022
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12.16.2021Ad Law Resolutions for 2022Updates‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.
Consumer Protection Review
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Junk Fees Under Scrutiny: FTC Issues Proposed Rulemaking
Key Updates: Two types of fees are prohibited by the proposed rule: The Commission voted 3-0 to approve the publication of the notice of proposed rulemaking. Consumers have 60 days after the notice is published in the Federal Register to submit comments electronically. The FTC proposal is part of a larger effort to combat hidden... -
FTC Staff Perspective: Preventing Blurred Advertising to Children
The FTC released a staff paper in September 2023 directed at businesses and social media influencers who promote products to children online. The paper includes findings from the FTC’s October 2022 workshop, “Protecting Kids From Stealth Advertising in Digital Media,” which addressed the issue of blurred advertising that makes it hard for children to distinguish... -
FTC Reaches $650,000 Settlement With Experian Over Unsolicited Emails
Key Takeaways: Under the CAN-SPAM Act, brands must provide a way for consumers to opt out of commercial email messages. However, according to a complaint filed by the U.S. Department of Justice (DOJ) on behalf of the FTC, Experian sent marketing emails without explicit opt-out instructions. Further, some emails included a message at the bottom... -
Key Update: The FTC claimed that PCH used deceptive tactics to lead consumers to believe that purchasing products was required to enter or increase their chances of winning sweepstakes, which was not the case. The alleged practices included the following: According to the lawsuit, many of the consumers affected by the practices were older people...
