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
Last week, NAD launched a new, expedited process that will allow companies to challenge advertising claims made by competitors and get a decision within weeks as opposed to months. The process, “Single Well-defined Issue Fast Track” or “SWIFT” is limited to single-issue cases, condenses and simplifies the standard NAD timeline and process, and is slightly
On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC.
These State AGs are in agreement with the FTC, which has argued that the district court’s authority to
The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act. As we head into 2020, a level-set is in order.
To File or Not File is No Longer the Question
On December 19, 2019, the FTC filed a petition
The continuing questions over the extent of the FTC’s enforcement authority to obtain monetary relief under Section 13(b) did not stop the Commission from filing a lawsuit on November 1 against multi-level marketer Neora, LLC and its CEO Jeffrey Olson for purportedly operating an illegal pyramid scheme that used deceptive marketing to sell supplements, skin
Last week, the U.S. Court of Appeals for the Seventh Circuit cannonballed directly into the roiling waters of debate over the Federal Trade Commission’s enforcement powers, when it determined in a closely-watched appeal that the agency does not have the right to restitution under the primary provision the Commission uses to attack fraud — Section
In making this announcement, AdvoCare disclosed
Yesterday, Commissioner Christine Wilson testified before the U.S. House Committee on Energy and Commerce Subcommittee on Consumer Protection and Commerce, and asked Congress to clarify the extent of the FTC’s authority to obtain monetary relief under Section 13(b) of the FTC Act.
The Commissioner’s remarks reflect the agency’s concern over the recent decision of the
Last month, we wrote about the decision of the U.S. Court of Appeals for the Third Circuit in FTC v. Shire Viropharma Inc., holding that the FTC may only bring a case under Section 13(b) of the FTC Act when the FTC can articulate specific facts that a defendant “is violating” or “is about
In a decision that will limit the Federal Trade Commission’s (FTC) ability in both consumer protection and antitrust matters to bring certain claims in federal court, the Third Circuit Court of Appeals held in FTC v. Shire Viropharma, Inc. that the FTC may only bring a case under Section 13(b) of the FTC Act when
