On July 21, 2021, during an open Commission meeting, the Federal Trade Commission voted to retain its longstanding Care Labeling Rule.
Continue Reading FTC Changes Course and Retains Care Labeling
FTC Finalizes “Made in USA” Rule in Partisan Split
At the Federal Trade Commission’s July 1 meeting, it finalized a new “Made in USA” Rule that was almost two decades in the making. The FTC issued a notice of proposed rulemaking in June 2020 and received 700 comments from stakeholders. During that time, the FTC has aggressively policed Made in USA claims (through an enforcement policy statement), settling a historic, million dollar follow-on Made in USA enforcement action and obtaining a six-figure settlement with an online retailer.
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Now Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement
This week, the FTC voted 3–1 to accept a settlement agreement with MoviePass, Inc., its parent company, and two of the now-defunct company’s former employees, after allegations of data security issues and deceptive trade practices.
Continue Reading Now Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement
In a Rebuke to Longstanding FTC Approach, Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief
In 1973, Congress amended the FTC Act by adding §13(b), giving the Federal Trade Commission equitable powers to remediate any violation of any law under its purview. Using that power, the FTC has sought equitable monetary relief, including restitution and disgorgement. The lower courts routinely authorized such relief and Congress seemingly acknowledged the FTC’s power when it reauthorized the FTC Act.
Continue Reading In a Rebuke to Longstanding FTC Approach, Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief
Retailers Beware: “You can’t say your products are made in the USA when [they are] made elsewhere.”
Gennex Media LLC, a customizable product online marketplace, and its sole officer and shareholder Akil Kurji, have agreed to an FTC consent decree resolving allegations the company falsely claimed its Brandnex novelty products were “Made in USA,” “USA MADE,” and “Manufactured Right Here in America!” when, in many instances, they were wholly imported from China.
Continue Reading Retailers Beware: “You can’t say your products are made in the USA when [they are] made elsewhere.”
FTC Brings First BOTS Act Case Against Online Ticket Brokers
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
FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
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
FTC Approves Amendments to EnergyGuide Labels, Draws Strong Commissioner Statements
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
Glue Manufacturers Who Defied 2016 FTC Settlement Subject to Historic “Made In USA” Judgment
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
Divided FTC Finalizes “No-Fault, No-Money Settlement” Agreement with Skincare Brand, Sunday Riley
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