Ad Law Access
Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?
Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend…
Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies
This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC . Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme…
Earth Day = Green Guides
It’s Earth Day! A perfect day to think about the FTC’s Green Guides, designed to help marketers develop claims about the environmental benefits of their products. The Green Guides address the following types of…
With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?
Updated to reflect introduction of H.R. 2668, the Consumer Protection and Recovery Act by Rep. Cárdenas (D-CA) As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade…
FTC Files First Case Seeking Civil Penalties For Allegedly Deceptive COVID-19 Advertising
The FTC flexed its new-found civil penalty muscle last week by filing the first case pursuant to the COVID-19 Consumer Protection Act, which gives the FTC authority to seek civil penalties for deceptive COVID-related…