Lina Khan was appointed FTC Chair in June of this year, about five months ago as of this writing. Even before she arrived, she promised to bring bold new thinking to the agency and to change the way it does business. In previous posts, we highlighted Khan’s vision for the agency, her plans for privacy
What a Difference a Decade Makes: The Future of Advertising
Over the past ten years, new technologies have forced a dizzying pace of evolution in advertising and marketing. All of this change begs the question: what will the next ten years bring? How will AI eliminate inefficiencies and create new challenges? In what ways will advertising enable access to content and enable consumer purchase decisions?
The First Circuit Reinstates False Advertising Class Action Challenging “Hazelnut Crème” Coffee
Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that the coffee contains hazelnuts? Should consumers be expected to consult the ingredient list to clarify any confusion? And what exactly is
FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act (“FTCA”). Although this is the first time the FDA and FTC have issued joint warning letters relating to CBD, the FDA
Eggs-aggeration: Goop Settles With California District Attorneys Over Misleading Health Claims
The California Food, Drug, and Medical Device Task Force announced a settlement this week with Goop, the lifestyle brand founded by Gwyneth Paltrow, which we’ve written about here and here. The complaint alleges that Goop made false and misleading representations regarding the effects or attributes of three products—the Jade Egg, Rose Quartz Egg, and
FTC Cries Foul On Breathometer Accuracy Claims
The FTC recently announced a settlement with Breathometer, Inc., a company that marketed a smartphone accessory that it claimed could detect blood alcohol levels. Users could simply plug the accessory into the headphone jack, open the Breathometer app, blow, and receive a reading of their blood alcohol content within five seconds. Breathometer marketed the
Announcing the Advertising and Privacy Law Webinar Series
Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel.
Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up
Protected: 2016 Advertising and Privacy Law Summit Attendee Follow-up
FTC Settles with Health App Marketers for Unsubstantiated Melanoma Detection Claims
The Federal Trade Commission announced this week that it has reached settlements with two marketers for “deceptively claiming their mobile apps could detect melanoma, even in its early stages.” MelApp and Mole Detective claim to have the ability to accurately screen for a mole’s analyzed melanoma risk despite the absence of clinical testing. The FTC