Category Archives: Federal Trade Commission

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FTC Amends Labeling Rules for Consumer Commodities

The Fair Trade Commission (FTC) has amended the rules and regulations for consumer commodities’ labels promulgated under the Fair Packaging and Labeling Act, 15 U.S.C. § 1451 et seq., (FPLA) to: (1) allow the omission of street addresses from labels if they are listed in any readily accessible, well-known, widely published, and publicly available resource; … Continue Reading

‘Made in USA’ Claims California Removes its Elevated Standard

In January 2015, we reported that California’s law on advertising “Made in USA” claims, Cal. Bus. & Prof. Code § 17533.7, had been interpreted as imposing a stricter standard than guidelines adopted by the Federal Trade Commission (FTC) on the same issue. Specifically, the California law had been interpreted to require that 100 percent of … Continue Reading

A Blast from the Past: Price Advertising Claims Make a Comeback – As Class Actions

Greenberg Traurig Attorneys Irving Scher and Ed Chansky authored an GT Alert, “Price Advertising Claims Make a Comeback – As Class Actions” The minimal regulatory enforcement in recent years may have led some retailers to let down their guard in complying with some of the more stringent state regulatory requirements dealing with price advertising. However, FTC … Continue Reading

Negative Option/Automatic-Renewal Disclosures Scrutinized

Our Greenberg Traurig colleagues, Ed Chansky and Irving Scher, recently prepared a GT Client Advisory discussing the enforcement of inadequate negative option/automatic-renewal disclosures and the requirements for companies to be compliant with state and federal laws. Negative options, as defined by the FTC, are commercial transactions in which sellers interpret a customer’s failure to take an … Continue Reading

FTC Urges Media to Review Weight-Loss Advertising Before Accepting

With summer around the corner, the Federal Trade Commission (FTC) is reminding publishers, broadcasters, and other media of the ways to spot phony weight-loss claims when screening ads for publication. The reissued guidance entitled, “Gut Check: A Reference Guide for Media on Spotting False Weight-Loss Claims,” details seven weight loss claims that the FTC asserts … Continue Reading

FTC Chops ‘Green’ Plastic Lumber Claims and Diaper Claims That Fail to ‘Pass the Smell Test’

On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive under Section 5 of the FTC Act. Recently, Jessica Rich, Director of … Continue Reading

FTC Targeting Weight Loss Claims

The FTC recently announced that it is stepping up enforcement against companies selling quick-fix weight-loss products.  GT Shareholder, Justin Prochnow, highlights the risks created by the FTC’s initiative: While the FTC has always scrutinized weight-loss claims, these actions indicate that the FTC intends to continue putting pressure on marketers and advertisers of weight-loss products to … Continue Reading

Important Reminder for Consumer Products Companies on Product Demonstrations

GT Shareholder Irv Scher authored a client alert regarding a recent FTC enforcement action involving product demonstrations. The case involved advertising for a truck shown pushing a dune buggy up a steep hill, something the truck allegedly was not capable of doing.  The FTC sued and won a settlement in which the advertiser is prohibited … Continue Reading
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