When can a marketer claim that its products are "Made in the USA" if the products contain foreign materials? A recent FTC action provides guidance. Here's what happened. Read more.
February 10, 2016
There's important news for marketers and agencies considering the Olympic Games in Rio: the deadline for non-sponsors to request an IOC Rule 40 "waiver" is January 27, 2016. Here's a review of Rule 40 and what you need to know to keep your Olympic-themed campaigns on track. Read more.
January 19, 2016
In a follow-up to its settlement with Focus Education, LLC in January of last year, the FTC recently entered into a $2 million settlement with Lumos Labs over claims that advertising and marketing for its Lumosity "brain training" games misled customers about cognitive benefits. Read more.
January 11, 2016
Two years after conducting a workshop to study native advertising, the FTC on December 22nd released long-awaited guidance that all marketers and publishers need to review. Read more.
December 23, 2015
Encouraging customers to write product reviews is a common and effective marketing tactic. But the disclosure requirements are significant. And a mistake can rankle competitors and lead to scrutiny by regulators or self-regulatory bodies such as NAD. That's what recently happened to The Scotts Company ("Scotts") when United Industries Corporation ("United Industries"), the maker of the Spectracide line of household insect and weed control products, challenged a sweepstakes promotion for the company's competing Ortho Home Defense, Ortho Bug-B-Gon, and Ortho Weed-B-Gon products. Here's what happened. Read more.
November 2, 2015
In two recent matters, the Federal Trade Commission ("FTC") challenged so-called gag clauses or non-disparagement provisions incorporated in contracts between marketers and consumers, alleging that prohibiting consumers from publishing negative reviews about the marketer is an unfair practice in violation of Section 5 of the FTC Act. Read more.
October 8, 2015
In August 2015, the Association of National Advertisers (ANA) announced a groundbreaking program to provide patent insurance to its members. Read more.
September 30, 2015
The Food and Drug Administration ("FDA") has sent a warning letter to the pharmaceutical company Duchesnay because of a recent Kim Kardashian social post endorsing the company's morning sickness drug, DICLEGIS.The regulator's action presents a teachable moment for all marketers attempting to leverage celebrity endorsements. Read more.
August 12, 2015
The National Advertising Division ("NAD") - a widely respected alternative dispute forum for advertisers - recently referred Wal-Mart Stores, Inc. ("Wal-Mart")'s "Raise in Pay" campaign to the Federal Trade Commission ("FTC") after Wal-Mart declined to participate in NAD's process. Read more.
August 4, 2015
As previously reported here, earlier amendments to Telephone Consumer Protection Act (TCPA) rules clarified that telemarketers must obtain prior consent from consumers before distributing prerecorded telemarketing messages via autodialer (a “robocall”) to cell phones and residential landlines. Read more.
July 28, 2015
Six years ago the FTC updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "Guides") and issued FAQs to explain the impact of the changes on new marketing channels and techniques. Last week, the FTC again updated its guidance through a new set of FAQs. Read more.
June 4, 2015
Unilever United States, Inc. recently challenged certain Vogue, International, Inc. shampoo product names. NAD determined that Vogue's product names, such as Renewing Argan Oil of Morocco Shampoo and Nourishing Coconut Milk Shampoo, touted the inclusion of certain "exotic" ingredients but that those ingredients did not provide the benefit also touted in the product name. Read more.
May 27, 2015
Earlier this year, the FTC publicly banned the operator of an alleged "revenge porn" website from sharing nude videos or photographs of people without their affirmative express consent. Read more.
May 15, 2015
Have you ever wondered whether a late-night television infomercial offer was too good to be true? Advertising regulators wonder the same thing. Read more.
March 13, 2015
AmeriFreight, an automobile shipment broker, has agreed to settle FTC charges that it deceived customers by advertising the quantity and quality of its online customer reviews, while failing to disclose that it provided incentives to its customers to author them. Read more.
March 5, 2015
The Federal Trade Commission has made clear in recent months that it will scrutinize claims from advertisers about products that allegedly improve cognitive function, including video game products. Read more.
February 23, 2015
There's news for consumer product manufacturers, packagers and distributors. Read more.
February 6, 2015
The FTC recently settled a children's dietary supplements complaint with NourishLife, LLC and its owner, Mark Nottoli. Read more.
January 26, 2015
The FTC recently closed an investigation into whether Verizon engaged in unfair or deceptive acts or practices by failing to ensure that routers it shipped to customers, in connection with its DSL and FiOS services, had proper encryption security. Verizon took steps to mitigate consumer harm, and the company's efforts helped avoid regulatory sanctions. Here's what happened. Read more.
November 19, 2014
As part of its continuing efforts to combat deceptive environmental marketing claims, the Federal Trade Commission ("FTC") recently sent warning letters to 15 plastic bag advertisers cautioning them that their "oxodegradable," "oxo biodegradable," and "biodegradable" claims may be deceptive. Read more.
November 4, 2014
Remember ROSCA? That's OK, the FTC just remembered it too. Read more.
October 28, 2014
The FTC recently issued final amendments to the Mail or Telephone Order Merchandise Rule (also known as "the 30 Day Rule"), which requires sellers to have a reasonable basis for stating they can ship ordered items to consumers within the time specified or if no time is specified, within 30 days. Read more.
October 6, 2014
Here's some news for agencies and brands that market via phone to consumers in Connecticut: On October 1, 2014, Connecticut's new telemarketing law goes into effect. Read more.
September 30, 2014
Yelp, a business search and review service website, and TinyCo, a developer of gaming apps geared towards children, recently agreed to settle FTC allegations. Read more.
September 23, 2014
South Carolina recently revised its Solicitation of Charitable Funds Act. The Act now contains new requirements - effective October 4, 2014 - for advertisers whose commercial co-ventures are open to South Carolina residents. Here's a summary of what you need to know. Read more.
September 16, 2014
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