Advertising and Marketing
FTC Staff Issue Report on Multi-Level Marketing Income Disclosure Statements
By Richard B. Newman |
On Septemeber 4, 2024, the Federal Trade Commission announced that it has issued a report that details findings from a review of income disclosure statements from 70 different multi-level marketers (MLMs). Staff reviewed income disclosure statements in February 2023 that were publicly available on the websites of a wide array of MLMs, from large household names…
FTC Announces Final Rule Prohibiting Fake Consumer Reviews and Testimonials
By Richard B. Newman |
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows the FTC to strengthen enforcement, seek civil penalties against violators and deter AI-generated fake reviews. “Fake reviews not only waste people’s time and money, but also pollute the…
FTC Compliance Report Lawyer
By Richard B. Newman |
Federal Trade Commission orders, including those that arise from negotiated and stipulated settlements, as well as those that arise from litigated matters, often require Respondents to submit periodic reports on their efforts to comply with the order. Ensuring compliance with FTC orders is designed to remedy prior violations of consumer protection law and to prevent…
FTC and FDA Send Cease-and-Desist Letters to Companies Selling Products Containing THC in Packaging Designed to Look Like Child Snacks
By Richard B. Newman |
For the second time in as many years, the Federal Trade Commission recently announced that it has sent cease-and-desist letters – jointly with the U.S. Food and Drug Administration – to several companies currently marketing edibles containing Delta-8 tetrahydrocannabinol in packaging deceptively similar to many foods children eat such as Froot Loops and Chips Ahoy!…
U.S. Origin Claims Should Not be Based Upon Assumptions the Components Obtained from U.S. Suppliers are “All or Virtually All Made in USA”
By Richard B. Newman |
As noted in a prior post by an FTC Made in USA attorney, manufacturers and marketers cannot simply assume that the components or ingredients they obtain from U.S.-based suppliers are “all or virtually all made in the USA.” Instead, they should seek certification from suppliers concerning the percentage of U.S. content therein. The FTC Labeling…
FTC Issues Refreshed Made in USA Guidance
By Richard B. Newman |
On July 2, 2024, the Federal Trade Commission announced a “refreshed version” of the agency’s Complying with the Made in USA Standard guidance document. The refreshed guidance document includes, without limitation, updated information about how consumers understand Made in USA claims, how FTC attorneys evaluate advertisements, and how the laws and rules the FTC enforces…