Last week, Jessica Rich wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning. As we looked at which of those topics have generated the most interest on Ad Law Access recently, we wanted to point you to where you
Amazon Pays $2 Million to Settle Reference Price Allegations
Shortly after the state of California filed a lawsuit against Amazon alleging deceptive prices, Amazon agreed to pay $2 million in penalties and restitution.
Under the stipulated judgment, Amazon is restrained from using an advertised reference price based on a formula, algorithm, or other method that produces misleading or false results until April 1,
No More Deference for Amazon’s Reference Prices
As many retailers and manufacturers that sell directly to their customers know well, sale and similar promotional pricing practices have been the targets for regulators and class action plaintiffs for several years, and Amazon is back in that spotlight, this time in a lawsuit filed by the state of California. There has been a wide
Webinar Replay: Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
The replay of our recent webinar Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic is available here.
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online,
Ad Law Access Podcast: Guidance for Retailers
As retailers have shifted to online and ship to store/ship from store sales, we’ve been getting a variety of questions from our retailing clients.
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing chair Christie Grymes Thompson and partner Kristi Wolff answer retailer questions regarding pricing, shipping, refunds, customer reviews, and
Ad Law Access Podcast: Price Gouging
As COVID-19 continues to dominant the news and the effects sweep across the country and globe, one of the important issues that directly affects companies and consumers alike is price gouging. In fact, the AGs in 32 states sent a letter to online retail platforms (Amazon, eBay, Craigslist and others) urging them to do more
Price Gouging Enforcement Escalates At Federal and State Levels
As a follow-up to our recent posts on price gouging (see here, here, and here), we noted recent signs that federal and state authorities have escalated their enforcement efforts.
- On Monday, the President signed an executive order to prevent hoarding and price gouging of crucial medical supplies. It authorizes criminal prosecution of
Read This Before You Market Around Coronavirus
Until recently, most consumers likely associated anything starting with “Corona” with a sunny beach and a lime wedge.
Not anymore.
The public is rightly concerned about coronavirus and how to avoid catching it. And where the public has questions, marketers will have answers. Here are a couple things to think about before rushing that next
The Pink Tax: Discrimination or Actual Differentiation?
At the end of 2019, Governor Andrew M. Cuomo released the 10th proposal of his 2020 State of the State Agenda, which aims to eliminate the so-called “pink tax,” a gender-based pricing phenomenon that allegedly results in higher prices for good and services marketed towards women as compared to substantially similar alternatives marketed
NAD Recommends Company Discontinue Long-Running “Limited Offer”
Over the past few years, a number of retailers have been challenged over their promotional pricing practices. Those challenges have been brought, primarily, by plaintiffs’ attorneys in class action suits and, occasionally, by regulators. This month, though, NAD issued a decision in a challenge that was brought by a company’s competitor.
According to the challenger