Perspectives on Advertising & Promotions

The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in Advertising.

A recently-filed consumer class action alleges that canned tuna producer, StarKist, misled consumers when they claimed their tuna products are “100% dolphin-safe” and “sustainable.” The class action is moving forward after StarKist attempted unsuccessfully to get the case dismissed.

UrthBox, a subscription snack company, was charged with a complaint by the FTC due to misrepresenting positive consumer reviews on the Better Business Bureau’s and other third-party websites.

The National Advertising Division (NAD) of BBB National Programs, Inc. has changed its filing fees effective January 1, 2020.

In November, Google announced a plan to offer restricted data processing to ensure businesses can treat Google as a service provider under the California Consumer Privacy Act (CCPA).

The Digital Advertising Alliance (DAA) launched tools in late November that will assist businesses with California Consumer Privacy Act (CCPA) compliance, by increasing consumer control over data on all DAA participating companies through simple tools.

The $5 billion influencer industry is booming with an endless stream of fresh, aesthetically pleasing, and seemingly authentic figures.

AT&T is facing another potential setback to its “5G Evolution” advertising campaign after the National Advertising Division of the Better Business Bureau concluded that AT&T’s “5G E” claims are misleading to consumers. AT&T intends to appeal the NAD’s decision.

Nike’s recent slogan, “Sport Changes Everything,” was blocked by a North Carolina federal judge, who concluded the phrase infringed upon Fleet Feet Inc.’s existing trademarks “Running Changes Everything” and “Change Everything,” which the brand uses to promote running products and events.

Arent Fox Partner Matt Mills will speak at ACI’s 3rd Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation in January 2020. Matt will specifically examine the FTC and NAD’s recent scrutiny of “Made in the USA” and other country of origin claims.

Last month, Representatives Sean Patrick Maloney (NY-18) and Grace Meng (NY-6) introduced the Natural Cosmetics Act that would define the term “natural” as it relates to personal care products and give the US Food and Drug Administration (FDA) authority to enforce the new requirements. 

YouTube has a new procedure in place for content with children as the target audience. Due to a recent FTC settlement, channel owners must determine if content is direct to children before publishing.

Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking towards legislation that specifically targets electronics.

A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules.

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns.

IP Partner Pamela M. Deese is a featured speaker at the Brand Protection Summit, co-hosted by CounterFind and Warner Music Group on November 7th, 2019 in New York.

Twenty-five Arent Fox LLP practices have been recognized in the 2020 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into purchasing subscriptions.

The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction constitutes acceptance of an offer. 

A for-profit higher education company recently agreed to pay $30 million to settle Federal Trade Commission charges stemming in large part from deceptive practices by third-party “lead generators.”

WASHINGTON — Fifty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2020.

Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining consent. The defendants are required to pay over $9 million in consumer refunds.

The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful opportunity for consumers to negotiate such terms.

Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites.

The Federal Trade Commission recently announced that it will renew efforts to investigate and police companies that use misleading advertising to sell legitimate products and services.