Florida AG Files Complaint Against Restaurant for Allegedly Deceptive...
Florida attorney general Pam Bondi filed a complaint last week against Icebox Cafe, L.C. alleging that the restaurant violated Florida’s Deceptive and Unfair Trade Practices Act by making misleading...
View ArticleAMS Publishes Proposed Rule to Establish Disclosure Requirements for...
On May 4, 2018, the USDA’s Agricultural Marketing Service (“AMS”) published a notice of proposed rulemaking that would establish disclosure requirements for bioengineered foods under a new “National...
View ArticleUSDA and FDA Announce Proposed Bioengineered Disclosure Rules and Labeling...
Both the USDA and the FDA recently released updates to food labeling regulations that will significantly affect food manufacturers. On Friday, May 4, the Agricultural Marketing Service (AMS) of the...
View ArticleFDA to Hold Public Meeting on Foods Produced Using Animal Cell Culture...
The FDA recently announced that it will hold a public meeting entitled, “Foods Produced Using Animal Cell Culture Technology,” on July 12, 2018 to provide the public with an opportunity to offer...
View ArticleFTC Examining How Consumer Protection and Privacy May Be Affecting Innovation...
The FTC announced that it will accept comments and hold a series of public hearings on consumer protection, privacy, and competition policy and enforcement. The hearings will take place during fall and...
View ArticleJury Awards $16M in Damages to Dyson in Lanham Act Case Against SharkNinja
A federal jury in Illinois recently awarded Dyson, Inc. over $16 million in damages after finding that SharkNinja falsely advertised that its Rotator Powered Lift-Away vacuum was better than Dyson’s...
View ArticleFDA Releases Guidance Regarding Strategies to Protect Against Food Adulteration
On June 20, 2018, the FDA released draft guidance regarding the FDA’s Mitigation Strategies to Protect Food Against Intentional Adulteration Rule (IA Rule). This is the first of three installments of...
View ArticleFDA Releases First in Series of Draft Guidances Regarding Mitigation...
On June 20, 2018, the Food and Drug Administration (“FDA”) released draft guidance for companies required to comply with the FDA’s final rule, “Mitigation Strategies to Protect Food Against Intentional...
View ArticleFDA Issues Draft Guidance Encouraging Innovative Approaches to Expand Access...
FDA recently released a new draft guidance, “Innovative Approaches for Nonprescription Drug Products,” that described two “innovative approaches” that sponsors of new drug applications may wish to...
View ArticleSenate Confirms Kathleen Kraninger as CFPB Director
The Senate today confirmed Kathleen Kraninger as CFPB Director by a party-line, 50-49 vote, with Sen. Tillis abstaining. Kraninger will replace current Acting Director Mick Mulvaney, who also currently...
View ArticleHow the Government Shutdown Is Affecting Federal Agencies
While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal...
View ArticleFDA Tightening Oversight of Dietary Supplement Industry
This morning, the FDA announced its intention to engage in greater oversight of the dietary supplement industry. The announcement also conveyed that the Agency had sent 12 warning letters and five...
View ArticleNational Milk Producers Federation Petition Urges FDA to Take Swift Action to...
The National Milk Producers Federation (NMPF) submitted a citizen petition to FDA related to the use of dairy terms such as “milk,” “yogurt,” “cheese,” “ice cream” and “butter” in the statements of...
View ArticleFTC Launches Two More Actions under the Consumer Review Fairness Act,...
The FTC today announced two new actions under the Consumer Review Fairness Act against companies (CRFA) that allegedly used non-disparagement provisions in consumer form contracts in connection with...
View ArticleCFPB Clarifies Standard for Determining “Abusive” Practices
The CFPB announced today a policy statement outlining three new principles that it intends to apply when evaluating whether practices are “abusive” under the Dodd-Frank Act....By: Donnelly McDowell
View ArticleTrust in Trustworthiness Ratings? Privacy Group EPIC Lodges Complaint with...
The Electronic Privacy Information Center (EPIC) has filed a complaint with the Federal Trade Commission (FTC) alleging that Airbnb is violating the FTC Act and the Fair Credit Reporting Act (FCRA) by...
View ArticleRetailers Should Keep Price Gouging Laws in Mind
If you’ve been shopping lately, it’s likely that you’ve encountered empty shelves and shortages of items, such as (for inexplicable reasons) toilet paper. This tends to happen whenever a disaster –...
View ArticleIn Wake of COVID-19, FDA Scales Back Food Facility Inspections and Takes...
This week, the Food & Drug Administration (FDA) made a series of announcements in connection with its efforts to address the outbreak of COVID-19. The Agency sought to reassure the American public...
View ArticleStates Place New Restrictions on Collection Efforts and Outbound Calls Amidst...
The COVID-19 pandemic continues to have far-reaching effects on businesses and consumers everywhere. While many states are taking broadly consistent approaches on certain issues (e.g., price gouging,...
View ArticleFTC Sends Warning Letters to Ten MLMs about COVID-related Product and...
Last week, the FTC sent warning letters to ten multi-level marketing companies alleging that the companies failed to stop their participants from making deceptive product and earnings claims related to...
View ArticleIllinois Court Dismisses Neora’s Declaratory Judgment Suit against FTC on...
Turns out the best defense may not be a good offense, at least when litigating against the FTC. The Northern District of Illinois yesterday rejected an attempt by multi-level marketer Neora, LLC...
View ArticleFTC Announces “Operation Income Illusion” to Crack Down on Deceptive Income...
The FTC today announced four new enforcement actions and one new settlement alleging deceptive income claims in violation of the FTC Act. The FTC noted that these actions are part of a broader...
View ArticleBiden Taps Rohit Chopra, Current FTC Commissioner and Vocal Proponent of...
Things are about to change dramatically at the CFPB. President-elect Joe Biden today nominated Rohit Chopra, a current commissioner at the Federal Trade Commission and long-time proponent of aggressive...
View Article[Audio] What to Expect in Consumer Financial Protection and FinTech in 2021
Often when people think about the Consumer Financial Protection Bureau (CFPB) they say to themselves, “well, I’m not a bank so that doesn't really apply to me.” But consumer financial protection laws...
View ArticleChopra Navigates Questions and Predicts Priorities at Friendly CFPB...
President Biden’s nominee to serve as CFPB Director, Rohit Chopra, today testified in front of the Senate Banking Committee about his potential regulatory and enforcement priorities as head of the...
View ArticleCFPB Rescinds “Abusive” Policy Statement, Signaling Broader and More...
In a significant but unsurprising move, the CFPB announced today that it was rescinding a policy statement issued in January 2020 that sought to tether the Bureau’s “abusive” authority to certain...
View ArticleFTC Nominee Lina Khan Sails through Committee with Bipartisan Support While...
The Senate Commerce Committee today voted overwhelmingly to move forward with Lina Khan’s nomination as FTC Commissioner, signaling that Khan is likely to ultimately be confirmed as the youngest...
View ArticleFTC Continues Push for Civil Penalties with Important Implications for...
The FTC yesterday took two actions that on their face seemed part of the regular course, but that could signal notable changes for financial institutions and multi-level marketing companies. First, the...
View ArticleTINA.org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers
TINA.org continues to aggressively beat the enforcement drum. Today, its leaders sent a letter to Acting Director of the Bureau of Consumer Protection Samuel Levine encouraging the FTC “to implement a...
View ArticlePrivacy Expert Alvaro Bedoya Nominated to FTC
The future composition of the FTC became a bit clearer on Monday, as the White House announced that President Biden will nominate privacy expert and scholar Alvaro Bedoya as FTC commissioner. If...
View ArticleFTC Threatens 70 Colleges with Civil Penalties in Attempt to Resurrect...
Making good on promises to creatively explore all of its options for enforcement, the FTC yesterday notified 70 for-profit higher educational institutions that it intends to use its long dormant...
View ArticleNext Up – Earnings Claims: Notice of Penalty Offenses Sent to 1,100 Direct...
In its third recent Penalty Offense Authority notice, the FTC today notified more than 1,100 companies offering “money-making opportunities” that it intends to pursue civil penalties of up to $43,792...
View ArticleFTC Settles with Company Over Failure to Post Negative Reviews
Companies often ask us whether they can highlight positive reviews without mentioning negative ones. The good news is that there are ways to do that, but when the conversation veers from highlighting...
View ArticleKick-Off Time for FTC Rulemaking on Earnings Claims
Last Thursday (February 10), the FTC announced that it “will vote” at its February 17 open meeting to issue an Advance Notice of Proposed Rulemaking (ANPR) on “deceptive earnings claims for business...
View ArticleThe FTC Seeks Comments and Signals Changes to Come in New Rulemaking on...
As we previewed last week here, the FTC released an Advanced Notice of Proposed Rulemaking (ANPR) on earnings claims as it embarked on a mission to adopt a rule that would give the FTC, in its own...
View ArticleFTC Proposes Changes to Endorsement Guides with Expanded Liability and More...
In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s...
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View ArticleTwo Firsts for FTC Civil Penalty Enforcement: ROSCA for Automatic Renewals...
On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice...
View ArticleFTC Proposes Massive Expansion of Negative Option Rule; Would Provide Redress...
If you’re offering any products or services involving a negative option or automatic renewal plan, pay close attention to the FTC’s announcement today of a proposed rule that would drastically alter...
View ArticleFTC’s Proposed Rule on “Fake Reviews” Covers Much More; Provides Clarity on...
On the Friday before a long 4th of July weekend, the FTC delivered some light beach reading in the form of a 100-page notice of proposed rulemaking (NPRM) “banning fake reviews and testimonials.” While...
View ArticleTexas Court Puts Hold on CFPB’s Use of Unfairness Authority to Include...
As the Supreme Court deliberates over the Fifth Circuit’s ruling that the CFPB’s funding method is unconstitutional, another court in the Fifth Circuit dealt a blow to the CFPB’s aggressive agenda. On...
View ArticleFTC Proposes “Junk Fees” Rule that Would Overhaul Pricing Practices and...
Today the FTC announced a proposed rule that could fundamentally alter how businesses across industries advertise prices and disclose fees to consumers. The proposed rule follows the FTC’s Advance...
View ArticleNeora Prevails In Landmark Decision For Direct Selling Industry
Big, BIG win for the direct selling industry, as Judge Barbara Lynn (N.D. Texas) grants judgment for Neora, LLC (formerly Nerium) on all of the FTC’s claims, including that the company was operating an...
View ArticleFTC Alleges FinTech Provider Engaged in Dark Patterns, Concealed Fees for...
The FTC yesterday filed a complaint and stipulated order against Bridge, It (dba “Brigit”), a fintech company that operates a personal finance mobile application that advertises cash advances to...
View ArticleCFPB Issues Proposed Rule to Expand Supervisory Authority, Conduct...
Yesterday, the Consumer Financial Protection Bureau (CFPB) released a notice of proposed rulemaking that would allow the agency to supervise and conduct examinations of certain non-bank providers of...
View ArticleTop Advertising Law Developments in 2023
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those...
View ArticleSenate Confirms New FTC Commissioners Holyoak and Ferguson; Reconfirms Slaughter
After nearly a year without a Republican Commissioner after Christine Wilson’s resignation, the FTC will again have a full slate of five Commissioners – with two new Republican Commissioners in Melissa...
View ArticleFTC Staff Doubles Down on Rejected Koscot Standard for Pyramiding Claims,...
Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance,...
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