Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims that Align made about its own teeth aligners. After the dust settled on these cases, neither company was left smiling. Although the cases cover
NAD Addresses Implied Coronavirus Cure Claims
We’ve posted about how the FTC, FDA, and EPA have each targeted companies for making unsubstantiated claims about how their products can treat or cure the coronavirus. Now, we’ll add another acronym to the list – NAD.
NAD recently issued a decision involving a video by the owners Your Superfoods, promoting the company’s Immunity Bundle.
Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit
In April, Draper James – the clothing line of Hollywood star Reese Witherspoon – conducted a promotion for teachers, but ran into some communication issues along the way and is now the subject of a class action lawsuit. In an Instagram post, the brand thanked teachers for their work during the COVID-19 pandemic, and
Executive Order Strikes at Section 230, But Legal Impact Likely to be Limited
In previous posts, we’ve written about Section 230 of the Communications Decency Act. Like it or hate it, Section 230 has become integral to the internet, and it’s no exaggeration to say that social media probably couldn’t work without it.
As a refresher, Section 230 generally states that an online platform can’t be held
Anheuser-Busch Wins Big Battle in Corn Syrup Wars
During last year’s Super Bowl, Anheuser-Busch ran a commercial in which a large barrel of corn syrup is delivered to the Bud Light castle. Because Bud Light doesn’t use corn syrup, the Bud Light King and a rag-tag group of knights attempt to deliver the barrel to the Miller Light castle, where it’s declined (because
FTC Delivers $9.3 M Reminder About Mail Order Rule
Yesterday, the FTC announced that online retailer Fashion Nova had agreed to pay a record $9.3 million to settle charges that it violated the Mail Order Rule by failing to properly notify customers and give them the chance to cancel their orders when the company couldn’t ship items on time, and that it unlawfully used
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
Be Careful About Changing Refund Policies Under Covid-19
Few businesses are immune from the economic effects of the coronavirus pandemic, but among those that have been hit the hardest are business involved with sports, concerts, performances, and other live events. According to StubHub, more than 23,000 events have been canceled, rescheduled, or postponed over the past few weeks in the US alone.
As
FTC Hits the Brakes on Brake Pad Claims
This week, the FTC announced that Federal-Mogul Motorparts had agreed to settle a complaint alleging that the company made unsubstantiated claims that its aftermarket Wagner OEX brake pads could help a driver stop a vehicle “up to 50 feet sooner” than competing brake pads and, thus, significantly reduce the risks of collision.
The FTC
Retailers 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 – whether that’s a hurricane or COVID-19 – strikes. In some cases, retailers respond to these shortages by increasing prices. Although there may be legitimate