Last month, we posted about the FTC’s warning letters to marketers reminding them that they need to ensure that influencer posts and incentivized reviews include appropriate disclosures. And, shortly after that, we posted about the FTC’s new policy statement warning marketers that they need to clearly disclose the terms of their subscription offers. Mindful of
FTC to Increase Enforcement on Subscription Services
Earlier today, the FTC issued a policy statement warning marketers against using “dark patterns” to trick or trap consumers into subscription services. The statement is primarily intended to assist marketers by providing guidance on the FTC’s interpretation of existing law as it applies to various types of “negative option” programs, including automatic renewals, subscriptions, and
California Updates its Automatic Renewal Law
In 2017, California updated its automatic renewal law to create some of the strictest requirements in the country. Now, just four years later, the Governor Newsom signed a new law that will impose even stricter requirements.
- Requirements for Free Trials: If a program includes a free or discounted trial period of 31 days or more,
FTC Blankets Companies With Warning Letters Over Endorsements and Reviews
As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively utilize other provisions of the Act in order to obtain money from the companies and individuals it
California Imposes New Restrictions on Recyclability Claims
Last week, California’s Governor signed a law that will likely impose significant limitations on companies’ abilities to make recyclability claims or use the popular “chasing arrows” symbol in California.
The law states that using a “chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or
any other symbol or statement” on a
NAD Decision Addresses Sustainability Claims
Last week, we posted about an NAD case involving green claims that Georgia-Pacific made for its Quilted Northern Ultra Soft & Strong Bathroom Tissue. In that post, we examined issues related to how a company substantiates claims about its present achievements and future goals. Today, we’ll look at the same case, but focus on issues
NAD Addresses Green Claims About Current Practice and Future Goals
As more companies develop Environmental, Social, and Governance (“ESG”) goals and advertise their progress towards those goals, we’re starting to see more challenges to those ads. Most of the challenges come from plaintiffs’ attorneys or competitors, but today’s post is about an inquiry that NAD initiated itself into claims that Georgia-Pacific made for its Quilted
Change to NCAA Policy Creates New Group of Influencers
This summer, the NCAA suspended its long-standing policy that restricted student-athletes from being able to generate income from their name, image, and likeness (commonly referred to as “NIL”). It didn’t take brands long to take advantage of the new opportunities. In the short time since the NCAA made its announcement, a number of companies and
StubHub Agrees to Pay $9.5 Million to End Refund Investigation
Last year, we posted about how some companies had retroactively changed their refund policies after COVID-19 hit, and we noted some of the potential pitfalls associated with that strategy. Lawsuits and regulatory investigations soon followed, and many have been working their way through the system. This week, ten states and DC announced that StubHub had
Allbirds Faces Lawsuit Over Green Claims
This summer, a plaintiff filed a class action 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.
The complaint – which is based largely on a PETA