Employing every available means to protect consumers from deceptive and misleading practices, the FTC recently announced the revitalized use of its statutory Penalty Offense Authority. More than 700 businesses – top consumer products companies, leading retailers and retail platforms, major ad agencies, and other names you know – are recipients of the latest Notice of Penalty Offenses aimed at curbing illegal practices in the use of endorsements and testimonials.
Blog Posts Tagged with Advertising and Marketing
When the financial future of millions of Americans is at stake, it’s important for the FTC to use every tool at its disposal to protect consumers from deceptive and unfair conduct. The FTC just announced the revitalized use of an existing method to hold companies accountable by imposing financial penalties for illegal acts.
According to the CDC, more than 34 million Americans have diabetes. To put a human face on that public health statistic, 1 in 10 people at your company, friends in your neighborhood, and members of your extended family struggle with a disease that could threaten their lives. The uninsured, those with high-deductible health plans, and lower-income consumers face another challenge that makes managing diabetes even more difficult: the high cost of insulin.
No one can top Waylon Jennings’ invitation to Luckenbach, Texas, where people can get “Back to the Basics of Love.” But we can offer the next best thing for business executives, advertising professionals, and attorneys: a virtual invitation to Dallas, Texas, on June 24, 2021, to get back to the basics of law.
We’ll leave it to the economists to crunch the employment numbers. We’re just happy to see more Help Wanted signs in the windows of Main Street retailers. That’s good news for Americans affected by pandemic-related layoffs. As companies are getting back to business and returning to an in-person workplace, the FTC has some tips for job seekers.
As the fast-talking talent scout said in a hundred Hollywood classics, “I’m gonna put you in the movies!” MoviePass promised to put consumers in the movies – or at least in movie theaters – with its $9.95 per month “one movie per day” subscription plan.
People facing infertility have a lot to think about in exploring the options available to them. But one thing that shouldn’t be on that list are unapproved products that make questionable claims to “treat” infertility. That’s the warning the FTC and the FDA have sent to companies that have pitched products to consumers searching for answers to what can be a complex medical condition.
The FTC takes a practical approach to its mission of protecting America’s consumers. That typically means law enforcement actions to challenge companies’ unfair or deceptive acts or practices. But depending on the facts, we may supplement law enforcement with other methods, including consumer education, business guidance, warning letters, national workshops, reports, and – in limited circumstances – staff closing letters.
Like the fighter pilots in the 80s action flick “Top Gun,” consumers selecting among internet service providers “feel the need – the need for speed.” In a just-filed lawsuit, the FTC and seven law enforcement partners allege that ISP Frontier Communications Corporation has made misleading representations that it would provide consumers with certain internet service speeds.
It’s not like the FTC to dive in to a major law enforcement initiative, make a splash, and then leave the pool. If industry members thought December’s Operation CBDeceit was the end of the agency’s interest in deceptive health-related representations for CBD products, they were mistaken.
Thinking about adding cryptocurrency to your investment portfolio? The number of Americans investing in cryptocurrency has increased. But as a new FTC Consumer Protection Data Spotlight suggests, the number who report getting stung by cryptocurrency investment scams has skyrocketed.
FTC staff sent 30 warning letters to companies, raising concerns about their COVID-related advertising claims. In two notable ways, some of these letters differ from letters we’ve sent to other marketers pitching products advertised to prevent, treat, or cure COVID-19.
Congress passed a law in December 2020 – the COVID-19 Consumer Protection Act – that imposes monetary penalties on violators. The Department of Justice and the FTC just brought their first action under the statute, alleging that a Missouri chiropractor and his company violated both the new law and the FTC Act by deceptively marketing vitamin D and zinc products to treat or prevent COVID-19.
Have you marked your calendar for April 29, 2021, to attend Bringing Dark Patterns to Light: An FTC Workshop? The virtual event will examine digital “dark patterns,” potentially deceptive or unfair user interfaces on websites and mobile apps. In addition to your participation, the FTC is asking for research and public comments on topics related to the workshop.
People who claim that hindsight is 20/20 probably weren’t talking about the post hoc evaluation of clinical testing. That’s an alleged flaw the FTC challenged in purported substantiation submitted by the marketers of Hepaxa and Hepaxa PD, fish oil products advertised as clinically proven to treat liver disease in adults and children. In addition to injunctive provisions, the proposed settlement includes a financial remedy of $416,914.
This time last year, we all were adjusting to a new normal. As the pandemic took hold, the FTC kicked into high gear on COVID-19-related issues, while continuing its work on other fronts, too. The just-announced 2020 Annual Highlights reflect important enforcement actions, policy initiatives, and outreach efforts undertaken in the past year.
Many consumers experience sticker shock when they total up what they pay each month for television, add-on channels, satellite programming, streaming services, and the vast array of other content they buy. So it’s no surprise that people thinking about cutting the cord were drawn to claims by New York-based Wellco, Inc., and CEO George Moscone that the company’s TV antennas would let users cancel their cable service and still get all of their favorite channels for free.