Ad Law Access

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

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…

FTC Announces $2 Million Penalty over Made in USA Claims

I’ve never owned a tractor, but based on Kenny Chesney’s 1999 hit She Thinks My Tractor’s Sexy, I understand that some people find them to be quite alluring. (The same goes for farmer’s tans, but that’s more relevant…

Spilling the Tea on Made in USA Claims

We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification…

Latest Made in USA Settlement Offers Lessons for Fashion Companies

This week, just a few days before the Fourth of July holiday, the FTC announced a settlement with three fashion companies (that operated together as a common enterprise) over patriotic claims that the companies made…

Advertising Lessons from the Survival Industry

My Patriot Supply (or “MPS”) and 4Patriots both make long-term survival food kits and related products. If a natural disaster strikes, if AI-powered bots wreak havoc on humanity, or if you just want to binge-watch…