Tag: Endorsements

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To quote everyone’s favorite Vulcan, “Live long and prosper.” But an FTC action against a San Francisco-based app company named Vulcun alleges that’s not what happened to consumers. According to the complaint, the company hit customers with an unfair and deceptive switcheroo of...
Two Maine-based marketers of weight-loss supplements and their owners will surrender substantial personal and business assets and will be prohibited from making deceptive claims about health products and engaging in deceptive marketing practices under a settlement reached with the Federal Trade...
Ads for Lumosity’s “brain training” program made it sound simple. Play games for 10-15 minutes several times a week to delay memory decline; protect against dementia and Alzheimer’s disease; improve school, work, and athletic performance; and reduce the effects of everything from...
2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in the BCP Business Blog.
If what looks to be an article, video, or game is really an ad – but it’s not readily identifiable to consumers as such – the FTC has another word for it: deceptive. Ads that blur the line between advertising and content have long been a consumer protection concern under Section 5 of...
The marketers of products as diverse as dietary supplements, mobile apps, cosmetics, and apparel may not think they have much in common. But if they make health-related representations, they all need sound science to support what they say. Here are five principles to help keep your...
La Comisión Federal de Comercio (FTC, por su sigla en inglés) está entablando una acción legal contra unos comercializadores con base en Florida que promocionaron engañosamente sus suplementos de pérdida de peso como una alternativa comparable a la cirugía de bypass gástrico y que luego amenazaron...
The FTC has gone to court hundreds of times to stop allegedly misleading weight loss claims and Roca Labs’ “gastric bypass alternative” promises are no exception. But other parts of the complaint – including a count challenging the defendants’ use of consumer gag clauses as an unfair...
The Federal Trade Commission is taking action against the Florida-based marketers of a line of weight-loss supplements who allegedly made baseless claims for their products, and then threatened to enforce “gag clause” provisions against consumers to stop them from posting negative reviews and...
Baseball lore has it that Hall of Famer Ted Williams’ eyesight was so acute he could see the seams on a fastball. Developers of an app called Ultimeyes claimed that using their product “gives baseball players superhuman vision.” For some of us though, a daily task like reading a menu...
You don’t need to go to a water park to see performing seals. You can spot them on websites where they perform the function of conveying information about the purported environmental benefits of products. But do the groups offering those seals – and the companies that display them –...
The staff of the Federal Trade Commission has sent warning letters to five providers of environmental certification seals and 28 businesses using those seals, alerting them to the agency’s concerns that the seals could be considered deceptive and may not comply
If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed settlement with online entertainment network Machinima illustrates missteps that...
It’s one thing to create buzz about a product. But fail to disclose a material connection between an endorser and an advertiser and that buzz can wind up stinging you. That’s the message of an FTC lawsuit against Machinima, a top entertainment network on YouTube that specializes in...

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