The National Advertising Division has recommended that Factor Nutrition Labs, LLC, discontinue its claim that its Focus Factor brain health supplement is “America’s #1 Clinically Studied and Patented Brain Health Formula.” NAD’s decision follows a challenge by Quincy BioScience, Inc., the maker of Prevagen brain health dietary supplement.
Continue Reading Making an Unsubstantiated Brain Health Claim? Think Again.

Williams-Sonoma, Inc., has agreed to pay $1 million to the FTC in settlement of claims that the home furnishing company made false and unsubstantiated representations that certain products were made in the United States. In its complaint, the FTC alleged that Williams-Sonoma—also doing business as Pottery Barn, West Elm, Rejuvenation, Outward, Mark & Graham and other brands—deceptively claimed that the company’s Goldtouch Bakeware products, Rejuvenation-branded products and Pottery Barn Teen- and Pottery Barn Kids-branded upholstered furniture were made in the USA. In reality, many of these products were wholly imported or contained significant imported materials.
Continue Reading Home Furnishings Retailer to Pay FTC $1 Million to Settle “Made in the USA” Claims

The Federal Trade Commission has stepped up enforcement of the Consumer Review Fairness Act of 2016 (CRFA) which prohibits companies from barring honest consumer reviews of their products and services. While enforcement of the CRFA was initially slow, that changed this year.
Continue Reading Thinking About Restricting Online Reviews? FTC: Think Again

The National Advertising Division (“NAD”) has recommended that Goya Foods, Inc. toss claims that its Excelsior brand pasta is “Puerto Rico’s Favorite Pasta,” following a challenge by Goya’s competitor, Riviana Foods, Inc.
Continue Reading Pasta La Vista: NAD Recommends Goya Discontinue “Puerto Rico’s Favorite Pasta” Claim

The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out.
Continue Reading Businesses Yet to See Major Relief from TCPA Lawsuits Following ACA International Decision