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May 31st, 2016
FTC Will Examine Effectiveness of Consumer Disclosures
The Federal Trade Commission ("FTC") announced last week its plan to host a public workshop on September 15, 2016 called "Putting Disclosures to the Test." The goal of the workshop is to have companies, academics, and the FTC weigh in on how to evaluate the effectiveness of disclosures advertisers make to consumers about advertising claims, privacy practices, and other information. If you are interested in being a presenter, you may submit a proposal by contacting the FTC at email@example.com by July 15th. To submit public comments in connection with the workshop click here (until November 2nd).
The press release for the workshop suggests that the FTC is particularly focused on exploring ways to evaluate and test consumers' understanding of disclosures made online and in other forms of digital media. The FTC last updated its guidance about disclosures in online advertising in March 2013 when it released the Dot Com Disclosure Guides, and has studied the effectiveness of disclosures in other industries and for specific purposes since then, for example, in connection with mobile shopping applications. We have previously reported on the FTC's guidance [here] and [here].
The fact that the FTC is examining disclosures again so soon may signal a concern that marketers' current practices are inadequate and that new guidance is required. Stay tuned for updates and further advice about how your company can effectively use disclosures so that consumers notice and understand them.
If you have any questions about advertising disclosures, or about any other advertising law issues, please contact Terri Seligman at (212) 826 5580 or firstname.lastname@example.org, Rayna Lopyan at (212) 705 4842 or email@example.com, or any other member of the Frankfurt Kurnit Advertising, Marketing & Public Relations Group.
Other Advertising Law Alerts
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business.
March 8 2017
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act.
December 15 2016
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising.
November 28 2016