Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FTC Staff’s Revised MLM Guidance—More Content, Less Clarity

Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level…

Update on TSR Amendments and Recordkeeping Requirements

As an update to our earlier blog post detailing the FTC’s amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16, 2024 . However,…

A Viewer’s Guide to FTC’s Vote on Banning Noncompete Clauses

The Federal Trade Commission will hold the most important meeting of this administration at 2 PM EDT Tuesday April 23, 2024. Commissioners will decide whether to issue a rule that declares most noncompete clauses in…

10th Circuit Decision at Odds with FTC over “American Made” Claims

I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of…

Company Complies with NARB Decision on Review Disclosures After FTC Intervenes

Smile Prep operates a website that provides reviews of clear aligners (or “invisible braces”) based on an “extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some…