POM Wonderful’s advertising claims were false and deceptive. That’s the conclusion of the United States Court of Appeals in upholding the FTC’s ruling. We think it’s a momentous victory for our two clients: American consumers and the cause of truth in the marketplace. You’ll want to read the entire opinion, of course, but here are twelve quotes from the D.C.
If your clients make environmental claims, the FTC staff just sent 20 warning letters you’ll want to tell them about. The subject is doggie bags and leftovers – but not that kind of doggie bag and definitely not that kind of leftover.
She’s got a competition clutch with four on the floor
And she purrs like a kitten ‘til the lake pipes roar.
And if that ain’t enough to make you flip your lid,
There's one more thing. I got the pink slip, Daddy.
This post about the FTC’s law enforcement action against Craig Brittain will be a little different. No bullet points parsing the nuances of complaint allegations. No tips and takeaways for savvy marketers. No admonitions about industry best practices. Given that the “industry” in question is revenge porn, the facts pretty much speak for themselves.
Certain advertising terms are bound to attract consumer attention: “free,” “no diet or exercise required” – and for people in the market for mobile data plans, “unlimited.” The FTC’s settlement with TracFone Wireless will return $40 million to consumers whose unlimited service was throttled or cut off. What can your company take from the case?
Identity theft is always taxing on victims.
We’ve all been talking about the Internet of Things – the ability of everyday objects to connect to the Internet to send and receive data.
Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey Duncan, Pure Health LLC, and Genesis Today, Inc., took advantage of that phenomenon by deceptively touting the purported weight loss benefits of green coffee bean extract.
We often get questions about how the Children’s Online Privacy Protection Act applies in the school setting. The COPPA Rule gives parents control over what information “an operator of a Web site or online service” – yes, that includes apps – can collect from their kids under 13. Among other things, COPPA requires entities covered by the law to notify parents and get their approval before they collect, use, or disclose personal information from children.
53 and it’s likely to go up. That’s the number of data security law enforcement actions the FTC has settled so far. The facts of each case are different, but distilled down to the basics, they stand for one central proposition: Your company’s data security measures should be reasonable and appropriate in light of the sensitivity and amount of consumer information you have, the size and complexity of your business, and the availability and cost of tools to improve security and reduce vulnerabilities.
57,606,609. That’s the staggering number of illegal telemarketing calls a federal judge in Illinois has ruled that satellite TV company Dish Network is liable for. The Order granting partial summary judgment against Dish is the latest development in an ongoing case filed by the Department of Justice on behalf of the FTC and in cooperation with four states – California, Illinois, North Carolina, and Ohio.
A chocolate cake that causes weight loss? A recliner that tones your abs while you watch TV? They’re in our pantheon of products we’d buy in a second. Here’s something to add to that list: a videogame scientifically proven to help kids focus, enhance memory, boost attention, and improve behavior and school performance. That’s what Focus Education promised in infomercials and other ads for its ifocus System Jungle Rangers videogame.
The FTC has brought a number of cases against payday lenders who use deceptive or unfair tactics. But a just-announced settlement with online lenders AMG Services and MNE Services comes with a twist: This time it’s the lenders who will be paying – and it’s the FTC’s largest recovery in a payday lending case.
For most people, January offers a lull after the holidays. But if you’re a tax professional, the busy season just started. Now that figures are flying, the FTC reminds tax preparers, accountants, and others in the industry about the role they can play in fighting back against tax identity theft. Participate in events scheduled for January 26th through 30th – Tax Identity Theft Awareness Week – and consider five timely tips from the FTC.
The FTC adopted final amendments to the Children’s Online Privacy Protection Rule on December 19, 2012, just over two years ago. The amendments strengthened kids’ privacy in several ways.
Silence may be golden, but not for the parents of kids with speech disorders. Illinois-based NourishLife marketed two dietary supplements, Speak and Speak Smooth, advertised as the answer for kids with a broad range of speech disorders, including those associated with autism. But the FTC says the company’s claims were long on talk and short on scientific substantiation.
In late 2010, we were thrilled to tell you about the Bureau of Consumer Protection’s Business Center, a new website that gives you tools to understand and comply with the law. We also debuted the Business Center blog which allowed us to engage in conversations with you. In fact, we’ve published more than 1,000 of your comments, so a big thank-you goes out to all of you.
Years ago, a TV network repackaged the summer rerun season with the brilliant tagline, “If you haven't seen it, it's new to you!” Going through this year’s Business Blog posts, we spotted the 10 most-read topics of 2014. Others in your industry are up on the latest. Are you?
Listed alphabetically, here's what business people were reading.
If you've been waiting for a substantive legal discussion that works in a reference to the B-52s’ surreal 1980 hit “Rock Lobster,” today’s your lucky day. The FTC announced a settlement with DERMAdoctor, Inc., and owner Audrey Kunin, M.D., for false and deceptive claims for Photodynamic Therapy anti-aging lotions and a body slimming lotion called Shrinking Beauty, advertised to “simulate a lobster’s ability to shrink its body.” (See? We weren’t kidding.)
On the “Evaluate your options carefully before trying this at home” list, how about adding the do-it-yourself removal of moles, skin tags, and warts, including genital warts. That's one message to take from a just-announced FTC settlement, but the case also offers insights for companies that feature consumer endorsements in their ads or use affiliate marketing programs.