Topics

3D Printing

3D Printing Series: 3D Printing of Medical Devices 3D Printing Series: Be Right Down — Printing My Makeup 3D Printing Series: No One Goes into Space for the Food - Yet

California

Ninth Circuit Upholds California Net Neutrality Law Sticks and Stones May Break Your Competitor, But Protests May Be Protected Ninth Circuit Blocks Class Plaintiffs' Efforts to End Run Jury Trial

Cannabis

CBD Advertisements: What CBD Companies and Celebrity Influencers Need to Know CBD Update: The FDA Commissioner Cannot Ignore the Buzz – But Is Further Deregulation on the Horizon?New Farm Bill Cracks Open Door to Processing for Legalized Hemp and CBD Oil

Cause-Related Marketing

Evolving Trends in Cause-Related Marketing: Keeping Your Company in Compliance FTC Partners with State AGs in Latest Crackdown on Charity Fundraising Charitable Sales Promotion Rules and Best Practices: Be Sure to Cross Your T's and Dot Your I's During the Pandemic

Children/Kids

FTC Schools Marketers on the ABCs of Negative Option Marketing Two Conservative, But Very Different, Approaches to Calculating Civil Penalties: Harm vs. Deterrence FTC's COPPA Rule Workshop: A Summary of Priorities from Advocates and Industry, and the FTC's Poker Face

Claim Substantiation

Tied Up with the FTC: Agency Dusts Off 20-Year-Old Settlement to Pursue Civil Penalties Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads FTC Put to the Test on Inadequate Testing Claims

Class Action

Another Florida Telephone Solicitation Act First—A Class Settlement Is on Its Way First Florida Telephone Solicitation Act Dismissal Decision Issues, and It Has Virtually Nothing to Do with the Statute Florida Legislature to the Rescue? House Bill Proposed to Fix the Florida Telephone Solicitation Act's Autodialer Provision

CoffeeTalk

Coffee Talk with Lee Peeler: Self-Regulatory Process and Key Changes to NAD's Procedures Coffee Talk with Elaine Kolish: CFBAI Director Looks Back and Forward CoffeeTalk on EU and U.S. Data Transfer and Cross Device Tracking with FTC Commissioner Brill

Competitor Litigation

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads Sticks and Stones May Break Your Competitor, But Protests May Be Protected NAD Issues First Decision under Fast-Track SWIFT Program

Consumer Products

You Asked, We Answered – Consumer Product Safety and Warranties Heads Up! NAD Recommends Discontinuing WaveCel Safety Claim The FTC Gets Real About Fake "Organic" Claims

Consumer Protection

Gig Platforms, Wake Up. All Eyes Are Upon You.The FTC Moves Its Attention to A For-Profit Medical School Latest CFPB Lawsuit Sheds Light on Digital Dark Patterns

Cosmetics

Customer Review Fraud Top of FTC's Priority List NAD Lashes Out Over Use of Stale Market Share Data for a Best-Selling Claim Aloe Vera (Non-Decolorized Whole Leaf Extract) and Goldenseal Root Powder Now Included on California’s Proposition 65 List

Cryptocurrency

Biden Tasks Consumer Protection Agencies with Stepping Up Cryptocurrency Oversight “Are You Guys Into Crypto????”: Celebrities Promoting Cryptocurrencies Become Class Action Targets You Asked, We Answered: NFTs and Virtual Currency in Games: Compliance Issues and Legal Risks

Disclosures

FTC Starts the Engine on Car Sales Fees and Advertising Rulemaking, but Other Rulemaking Faces Major Questions FTC Asks Online Advertisers to Weigh in on Dark Patterns, Calls for Comment on Its .Com Disclosures Guidance Biz Opps Stung, Once Again, by the Beehive State

Endorsements

What You Need to Know About FTC’s Proposed Changes to Its Endorsement Guides FTC Approves Request for Public Comment on Updates to Endorsements and Testimonials Guides FTC's Notice of Penalty Offenses: What Do They Mean for You?

False Advertising

Tied Up with the FTC: Agency Dusts Off 20-Year-Old Settlement to Pursue Civil Penalties Intuit Will Pay $141 Million in State Attorneys General Settlement Over Deceptive TurboTax Advertising The FTC Moves Its Attention to A For-Profit Medical School

FCC

Use of Private Radios by Industry Increases Risk of FCC Non-Compliance Managing Wireless Technologies from Both Ends: FCC Considers Receiver Regulation FCC Fine Is a Warning to Retailers of Electronic Devices

FDA

Ad Law in the Age of COVID-19 and Regulatory Reactions CBD Advertisements: What CBD Companies and Celebrity Influencers Need to Know Federal Trade Commission and State Regulators Issue Warnings to Companies that Deceptively Advertise COVID-19-Related Products and Services

Federal Regulations

Gig Platforms, Wake Up. All Eyes Are Upon You.Generating Leads Legally: Regulatory and Litigation Quick Hits Biden Tasks Consumer Protection Agencies with Stepping Up Cryptocurrency Oversight

Financial Services/CFPB

Latest CFPB Lawsuit Sheds Light on Digital Dark Patterns The CFPB Warns Companies Against Impeding or Manipulating Honest Customer Reviews Biden Tasks Consumer Protection Agencies with Stepping Up Cryptocurrency Oversight

First Amendment

Sticks and Stones May Break Your Competitor, But Protests May Be Protected "Public Access" isn't a "Public Function": No First Amendment Liability for Privately Managed Public Access Channels To Be an Ad or Not to Be an Ad: That is the Question

Food and Drink

NAD Issues First Decision under Fast-Track SWIFT Program Ninth Circuit Blocks Class Plaintiffs' Efforts to End Run Jury Trial Ninth Circuit Holds that "Diet" Soda Name Is Not False or Misleading

FTC

FTC Starts the Engine on Car Sales Fees and Advertising Rulemaking, but Other Rulemaking Faces Major Questions Gig Platforms, Wake Up. All Eyes Are Upon You.Repair Your Warranty Terms: FTC Takes Action Against Unlawful Repair Restrictions

Gift Cards

Are Gift Cards the War Bonds of the COVID-19 Era? Maybe So, but Issuers Still Need to Consider the Consumer Protection Laws FTC Settles Major Prepaid Card Advertising Case and Doesn't Say Much about It Sweeping New Federal Regulations for the Prepaid Industry

Government Investigation

DOJ Signals Changes to Its Corporate Enforcement Policy When the Cover Up Is Worse Than the Crime

Green claims

FTC Turns Up the Heat on Deceptive Insulation and Energy-Saving Claims Raise the Green Bar Summit What's the Federal Trade Commission Been Up to Recently?

Internet/Social Media

What You Need to Know About FTC’s Proposed Changes to Its Endorsement Guides FTC Asks Online Advertisers to Weigh in on Dark Patterns, Calls for Comment on Its .Com Disclosures Guidance Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices

Lanham Act

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads Ninth Circuit Clarifies Standards for Equitable Damages in False Advertising Cases Getting the Yardage: District Court Locks in on Rangefinder Company’s False Claims

Lead Generation

Generating Leads Legally: Regulatory and Litigation Quick Hits Lead Generation Compliance and Regulation in Today’s World. Who’s Minding the Store?Criminal Charges Brought Against Telemarketers

Legislation

2021 Capitol Hill Wrap-up Activity But Unclear Progress On Providing the FTC Additional Monetary Remedial Authority Coronavirus Cancellations: How Do They Affect My Promotion?

Made in USA

New Changes at the FTC: Return of the Rulemaking Superglue Manufacturer Stuck with $1.2 Million Judgment for Made in USA Violations Proposed FTC Rule to Allow Civil Penalties for Deceptive "Made in USA" Claims

NAD

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads You Asked. We Answered.Spring 2021 Edition: Not a Symposium, but a Virtual Ad Law CLE Bonanza

Native

Is This an Ad? NAD Recommends That Two Companies Beef up Material Connection Disclosures FCC Revives Its Own Native Advertising Rule: Sponsorship Identification Native Advertising and Influencer Marketing Workshop

Non-US

Sticks and Stones May Break Your Competitor, But Protests May Be Protected Exactly How Long is the Long Arm of the Law? The FTC Seeks to Extend its Reach to Offshore Payment Processors Un-Belize-Able! FTC Setting New Standards in Sanctuary Belize

Payment Processing

FTC Approves Administrative Settlement with Payment Processor, Electronic Payment Systems How Negative Option Marketing Can Risk Entangling Third-Party Banks and Payment Processors The Buy-Now-Pay-Later Boom Gets Consumer Protection Attention

Pricing

FTC Starts the Engine on Car Sales Fees and Advertising Rulemaking, but Other Rulemaking Faces Major Questions New York Attorney General Secures $2.6 Million from Fareportal for Deceptive Marketing Tactics FTC Settlement Underscores Importance of Pricing Disclosures for Lease-to-Own Companies

Privacy & Data Security

Lights, Camera, Action! FTC Settlement Signals Novel Use of ROSCA You Asked. We Answered.Spring 2021 Edition: Not a Symposium, but a Virtual Ad Law CLE Bonanza

Product Labeling

FTC Starts the Engine on Car Sales Fees and Advertising Rulemaking, but Other Rulemaking Faces Major Questions FDA Puts Homeopathic Industry on Notice – No More Lax Enforcement Think Asterisks Don't Matter?*

Redress

Intuit Will Pay $141 Million in State Attorneys General Settlement Over Deceptive TurboTax Advertising FTC Approves Rulemaking Process for Earnings Claims Activity But Unclear Progress On Providing the FTC Additional Monetary Remedial Authority

Retail

'Tis the Season—to Update Your Shipping Representations A Day Late and $1.2M Short: NY AG Fines Dollar Store Chains for Selling Expired Medicines and Obsolete Motor Oil, Violating Bottle Deposit Law Internet Vendors Need to Pay Attention to these States After U.S. Supreme Court Alters Sales Tax Collection Standard

Right of Privacy

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices #StrikeAPose #CopyrightInfringement FTC Warns Ukraine Company: You Can't Let Kids Use Your Dating Apps

ROSCA

State Automatic Renewal Laws Are Starting to Look Like a Patchwork Quilt as the FTC Expands Enforcement of ROSCA FTC Issues Dark Forecast for Dark Patterns in Subscription Auto-Renewal Lights, Camera, Action! FTC Settlement Signals Novel Use of ROSCA

Sports

Big Game Fun Includes Viking Disclaimers and Fake News Golden Rules: The Rule 40 Deadline is Nearing the (Slalom) Gate; Advertisers Cannot Just (Figure) Skate Over the Regulation Annual Big Game Ad Review

State Attorney General

New York Attorney General Secures $2.6 Million from Fareportal for Deceptive Marketing Tactics You Asked, We Answered – State AGs and Consumer Protection: An Update and Outlook VoIP, Meet VoIR—FTC Settlement Signals That Voice over Internet Robocall Service Providers Are Fair Game

Sweepstakes/Promotions

Evolving Trends in Cause-Related Marketing: Keeping Your Company in Compliance Coronavirus Cancellations: How Do They Affect My Promotion?Definitely not "Winning": Scammers Pay Millions to FTC and Missouri Attorney General for Running Deceptive Prize Scheme

Tax

Maryland Passes First-of-Its-Kind Digital Advertising Tax Internet Vendors Need to Pay Attention to these States After U.S. Supreme Court Alters Sales Tax Collection Standard

Telemarketing

Another Florida Telephone Solicitation Act First—A Class Settlement Is on Its Way Washington State and New York Join the State Telemarketing Law Amendment Fray New Oklahoma Telephone Solicitation Act Is Not OK – But It Does Contain an Important Exemption

Terms & Conditions

Repair Your Warranty Terms: FTC Takes Action Against Unlawful Repair Restrictions Congress Adopts New Cable Operator Advertising and Billing Requirements Affecting Both Video and Broadband Internet Offerings New Requirements for Subscription Merchants Accepting Visa Cards

Toys and Games

FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers FTC Scrutinizes Loot Boxes – What are the Odds?FTC Gathers Video Game Industry to Talk Loot Boxes

Trademark/IP

After an Almost Four-Year Battle, the Second Circuit Sees Anti-Competitive Concerns Differently Than the FTC in 1-800 Contacts Case Mona Lisa or Dog Doo? Humor Avoids Trademark Liability Legal Implications of Syncing Copyrighted Music with Other Content

U.S. Department of Justice

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices DOJ Reverses Course on the Wire Act, Changing the Odds on the State-Regulated Gambling Industry DOJ Signals Changes to Its Corporate Enforcement Policy

Uncategorized

Download Venable's Advertising Law Tool Kit - 10th Edition 2021 Advertising Law Tool Kit Venable Launches Close-Ups Entertainment and Media Blog

Weight loss

Third Bite at the Apple – FTC Administrative Proceeding Signals a Relentless Pursuit Against Supplement Marketers Mobile App Settles Charges with FTC that it Broke Pact with Consumers FTC and Courts Remain Real Serious About Fake News Advertising

Workshops

Advertising Law Webinars – Thursday, March 19 Save the date: Venable’s Seventh Annual Advertising Law Symposium will be held in Washington, DC on March 19, 2020 Learn the Answers About Consumer Surveys