Last week marked a double milestone for the FTC: Rebecca Slaughter assumed the role of Acting Chair, and the agency brought its first enforcement action under the Better Online Ticket Sales Act, 15 U.S.C. § 45c(a)(1).
Continue Reading FTC Brings First BOTS Act Case Against Online Ticket Brokers
The FTC settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information, or registration for “free trial” marketing offers.
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
The FTC approved amendments to its Energy Labeling Rule, adding portable air conditioners to the class of appliances requiring yellow EnergyGuide labels effective October 1, 2022, and updating energy efficiency descriptors for central air conditioning units.
Continue Reading FTC Approves Amendments to EnergyGuide Labels, Draws Strong Commissioner Statements
The FTC has obtained a $1.2 million settlement in a follow-on action against glue manufacturer Chemence, the largest judgment for a Made in USA the agency has ever imposed. According to the FTC, Chemence violated a 2016 order involving deceptively labeled “Proudly Made in USA” glue products whose inputs were imported.
Continue Reading Glue Manufacturers Who Defied 2016 FTC Settlement Subject to Historic “Made In USA” Judgment
On Friday, November 6, 2020, the FTC finalized its settlement with Sunday Riley Skincare, a cult-favorite skincare brand known for its high-end products. The action comes after the agency’s initial announcement in October 2019 that employees of the brand, under direction of CEO, Sunday Riley, posted thousands of fake reviews of the brand’s products online over the course of almost two years.
Continue Reading Divided FTC Finalizes “No-Fault, No-Money Settlement” Agreement with Skincare Brand, Sunday Riley
On October 1, 2020, New York state implemented a ban on businesses charging a “pink tax” for their products or services. The new law prohibits any individual or entity, including retailers, suppliers, manufacturers or distributors, from charging a different price for two “substantially similar” goods or services based on the gender for whom the goods or services are marketed.
Continue Reading New York Implements “Pink Tax” Ban
In April 2020, the National Advertising Division rolled out a Fast-Track SWIFT option for certain cases under review.
Continue Reading NAD Unveils its First Three Cases Under New SWIFT Fast-Track Process
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.
Responding to a challenge from Align Technology, Inc., maker of Invisalign, the National Advertising Division recommended that SmileDirectClub modify certain of its comparative advertising claims, while finding that others were sufficiently substantiated.
Continue Reading NAD Recommends SmileDirectClub Straighten Out Some of its Aligner Advertising Claims
On April 21, the FTC announced a record-setting $9.3 million settlement with online retailer Fashion Nova for violating the decades-old Mail Order Rule by failing to meet advertised shipping times and failing to adequately compensate consumers affected by the delays.
Continue Reading Will It Still be “In” When It Gets Here? Online Fashion Retailer Agrees to Largest Ever Settlement for Slow Deliveries