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
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
Get these and other stories in real time when you subscribe to
the Ad Law Access blog here or visit the Advertising and Privacy
Law Resource Center here.
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.