Federal Trade Commission

Further to ongoing efforts to evaluate and regulate how companies advertise and label that their products are “Made in the USA,” last week the FTC issued a staff report and a proposed rule that would include the possibility of civil penalties up to $43,280 per violation.

FTC Chairman Joseph Simons joined Commissioners Rohit

The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC. The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that “[a] disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief,” and allows the SEC to

FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 ClaimsEarlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19.  In warning letters issued to CBD Gaze, Alternavita, Musthavemom.com, and Careful Cents LLC, the agencies identify the respective recipients as participants in

In conjunction with the American Bar Association’s Antitrust Section Spring Meeting, practice chair Christie Thompson participated in a panel discussion on recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has

Ad Law Access Podcast - Health Claims in the Context of COVID-19

The FTC recently sent warning letters to companies for falsely claiming that their products can treat or prevent COVID-19. On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff  discusses the importance of keeping the current pandemic context in mind when making health claims more generally.

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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 COVID-19.  The letters request that the companies report within 48 hours what actions they have taken to stop their distributors from claiming their products can

The FTC and FCC have taken a number of actions to stem unlawful robocalls generally and, during the COVID-19 pandemic, to stem harmful and deceptive calls that seek to exploit the COVID-19 crisis. Even amid the backdrop of their long-standing commitment, the agencies’ most recent action stands out as an aggressive new approach to unlawful

FTC Guidance on AI: Don’t Surprise Consumers – Or YourselfFTC Bureau of Consumer Protection Director Andrew Smith this week published some helpful pointers for companies that are developing or using AI to support consumer-facing services.  These pointers are drawn from past FTC enforcement actions, reports, and workshops.  They boil down to one overarching message:  Companies shouldn’t surprise consumers – or themselves – in how

As localities order people to stay at home and non-essential businesses to close, consumers are turning to online options.  Although you might welcome the traffic, you might also be facing unexpected challenges like a reduced work force, supply chain disruptions, manufacturing shifts from regular inventory to medical necessities, and other hurdles that can cause shipping