The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was “scant evidence to support manufacturers’ justifications for repair restrictions.” After that, they issued a Policy Statement calling
YouTube Faces Suit Over Automatic Renewal Practices
Last month, plaintiffs filed a class action lawsuit against YouTube (and its parent company Google), alleging that the company violates Oregon laws by automatically renewing paid subscriptions to premium music, television, and video streaming services without adequately disclosing the offer terms or getting consent.
Specifically, the complaint alleges that the company violated Oregon’s automatic renewal
FTC Seeks Comments on Updates to Disclosure Guidelines
When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but in order to give the advertisers a framework of what to consider, the FTC published its .com Disclosure Guidelines. Last updated
What the FTC’s Proposed Changes to its Endorsement Guides Suggest about Influencer Marketing
Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we frequently get from marketers.
What is an endorsement? The FTC provides new guidance on what constitutes an “endorsement.” In one
FTC Tames Lions Making “Made in USA” Claims
Lions Not Sheep is a clothing company that, in its own words, allows consumers who wear its clothes to “show people it’s possible to live your life as a LION, not a sheep.” In addition to making people aware of that possibility, the company prominently advertises that its goods are “Made in the USA,” “Made
NAD Judges a Popularity Contest
NAD recently issued a decision in a challenge that Zillow brought against Apartments.com involving a humorous campaign that featured Jeff Goldblum. The decision covers a lot of ground, including some issues that may be unique to the rental market. For today, though, we’ll focus on an issue that spans industries and comes up frequently. Specifically,
DOJ Guidance on Website Accessibility Provides Little Clarity
Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys. Every year since 2018, over 2,000 of such suits have been filed in federal courts, and many other suits have been threatened and settled outside of the public eye. Part of the problem is the lack of clear guidance in this area. Although settlements
Fashion Nova Sued Over Failure to Post Negative Reviews
In January, we posted that Fashion Nova had agreed to settle an FTC complaint alleging that the company’s practice of suppressing negative reviews on its site “deprives consumers of potentially useful information and artificially inflates the product’s average star rating” in violation of Section 5 of the FTC Act. According the FTC’s complaint, the company
Court Dismisses Lawsuit Against Allbirds Over Green Claims
Last year, we posted about a lawsuit against Allbirds alleging (among other things) that the company’s environmental claims – including claims about its “sustainable” practices, the “low carbon footprint” of its shoes, and its other “environmentally friendly” initiatives – are false and misleading. This week, the US District Court for the Southern District of New
WFA Issues Guidance on Green Claims
Companies that make environmental or “green” claims generally refer to the FTC’s Green Guides for guidance on what they can and cannot say and what substantiation they need. At this point, though, the Green Guides are more than ten years old and they don’t clearly answer many of the questions advertisers have today. Although the FTC has indicated that it plans to review and update the Green Guides, we don’t know when a new version will be out.
In the meantime, the World Federation of Advertisers – with the help from the International Council for Advertising Self-Regulation, the European Advertising Standards Alliance, and experts from the UK’s Advertising Standards Authority – recently issued Global Guidance on Environmental Claims. The Guidance is centered around six key principles, many of which are illustrated with case studies from various countries.
Here’s a summary:
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