December 4, 2021

UPCOMING EVENTS

Updates in Litigation Risks: Product Liability, Private Litigation, and Consumer Class Actions

Food and Drug Law Institute
December 10, 2021 | Webinar
Donnelly McDowell
Register

The Aftermath of AMG: The Future of FTC Actions and Impact on FDA Enforcement

FDLI Medical Products Enforcement, Litigation, and Compliance Conference
December 10, 2021 | Webinar
Kristi Wolff
Register

Grappling with the FTC's Safeguards: New Requirements and How to Comply

IAPP Web Conference
December 16, 2021 | Webinar
Laura VanDruff
Register

TROPT Data Privacy Week 2022

TROPT
January 26-27, 2022 | Webinar
Alysa Hutnik
Register

Advertising Claims 101 – A Complete Roadmap to a Successfully Substantiated Advertising Campaign

ACI
February 2, 2022 | Webinar
Gonzalo Mon
Register
 

LATEST UPDATES

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NAD Frowns on Byte’s Incentivized Reviews

As advertisers wait to see what the FTC will do after sending 700 warning letters related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. This week, NAD announced a new decision involving incentivized reviews. Although the decision is consistent with previous cases in this area, there are some nuances worth exploring.
 

Colorado and Delaware Automatic Renewal Laws Take Effect in 2022

Subscription services and other automatic renewals continue to be a hot topic, at both the federal and state levels. The FTC recently announced that it was going to increase its enforcement against companies that don’t comply with the law, while various states have been updating or passing new laws. Next up are new laws in Colorado and Delaware.
 

Food Industry Litigation and Regulatory Highlights, October 2021

Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in the food court, NAD’s opining on use of emojis to convey advertising claims , and highlights from FDA’s recent summit on foods sold in e-commerce.
 

The Deletion of “Legitimate Business Activity” from the FTC’s Strategic Plan

For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it simply: words that you say (and take back) have meaning.
 

New NAD Case Addresses Green Claims in Fashion Industry: Part 1

As fashion companies begin to make more claims about what they are doing to help the environment, they need to make sure they’re in good position to support those claims with strong evidence. We previously posted about a pending lawsuit against Allbirds involving its carbon emission claims. In this post, we’ll start to look at what NAD had to say about certain product content claims and aspirational claims made by Everlane.
 

Opioids: State Attorney General Marketing Enforcement Under Attack?

November has been an active month in the years-long litigation of opioid manufacturers — and it hasn’t been good for the theories put forth by Attorneys General and local governments. On November 1, Orange County Judge Peter Wilson, in litigation brought by Orange, Santa Clara, and Los Angeles Counties, along with the City of Oakland, ruled completely in favor of the defendants, several opioid manufacturers. And then on November 9, the Oklahoma Supreme Court overturned the $475 million verdict against opioid manufacturer Johnson & Johnson. Does this signal a weakening of state and local government authority to pursue these actions? Not likely.
 

Some fireworks at Bedoya’s Senate confirmation hearing, but confirmation still seems likely

On November 17, the Senate Commerce Committee held its eagerly-awaited hearing on the nomination of Alvaro Bedoya, a data privacy academic from Georgetown Law, to be FTC Commissioner. Bedoya is slated to replace Rohit Chopra, who departed the agency last month to become Director of the CFPB, and Bedoya’s appointment would once again give the Democrats a voting majority. In the run-up to his hearing, some have wondered – Can we expect Bedoya to provide Chair Khan with a reliable third vote for her agenda, or will he bring a more bipartisan approach to the agency? From his answers and demeanor at the hearing, the answer is probably…both.
 

Commissioner Christine Wilson Excoriates The FTC Chair’s Agenda in ABA Fall Forum Speech

Last week. FTC Commissioner Christine Wilson delivered a speech with a title that made clear she intended to speak her mind: The Neo-Brandeisian Revolution: Unforced Errors and the Dimunition of the FTC.


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