On August 14, 2024, the Federal Trade Commission (FTC or Commission) announced its Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule) to rein in what it believes is the widespread practice of using fake reviews and testimonials to boost sales of products or services. The long-awaited Final Rule was
Advertising
Complying with “Made in USA” Standards, Now a Little Easier and a Little Tougher
The FTC recently released Complying with the Made in USA Standard, which further interprets the 2021 Made in USA Labeling Rule and the FTC’s 1997 Enforcement Policy Statement on U.S. Origin Claims.
The new guidance reiterates the FTC’s position that unqualified “Made in the USA” claims require “all or virtually all” U.S. content…
Video Game Developer Settles Alleged Violations of Federal and State Privacy Laws Governing Children’s Data
On June 18, 2024, the California Attorney General (AG) and Los Angeles City Attorney jointly announced that video game developer and publisher Tilting Point Media LLC (Tilting Point) agreed to a $500,000 settlement for violations of the California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA), and California Unfair Competition Law (UCL) based…
State Privacy Bills Advance While Federal Bill Introduced
As we predicted in our assessment of U.S. advertising and privacy trends in February of this year, states have continued to adopt comprehensive privacy laws during their 2024 legislative sessions. To date, nineteen states (California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and…
Children’s Online Privacy: KOSA and COPPA Updates
As expected, Congress’ renewed focus on expanding protections for minors online has resulted in legislative developments that attempt to mitigate harms while adhering to the Constitution’s free speech and preemption parameters. Last month, updates to both the Kids Online Safety Act (KOSA) and the Children’s Online Privacy Protection Act (COPPA) 2.0 bills were released…
Children’s Online Privacy: History, Debates, and Current Legislative Developments
During 2023, legislative, congressional, and executive actions aimed at protecting children and teens online took center stage. Such actions included: legislative attempts to raise the age of a “child” at both the federal and state levels for advertising and privacy purposes; bans on behavioral advertising targeting minors; efforts to restrict access to social media by…
FTC Approves NPR Updating the COPPA Rule
On December 20, 2023, the Federal Trade Commission (FTC or Commission) finally published its long-awaited proposed Notice of Proposed Rulemaking (NPR) updating the Children’s Online Privacy Protection Act Rule (COPPA Rule). Find out more here.
FTC Warns Two Trade Associations and 12 Online Influencers to Better Disclose Financial Connections
On November 13, 2023, the Federal Trade Commission (FTC or Commission) sent warning letters to the American Beverage Association (AmeriBev), The Canadian Sugar Institute, and a dozen dietitians and influencers promoting the safety of artificial sweetener aspartame or the consumption of sugar-containing products on TikTok and Instagram. The letters allege that the dieticians and…
Youth Online Safety in the Crosshairs with NTIA Comment Request and Joint AG Meta Complaint
Children’s and teen’s online privacy and safety – particularly their mental health – continues to be an area of intense scrutiny for lawmakers, regulators, and enforcers. Last May, the Biden administration announced the creation of a new task force focused on the safety, privacy, and wellbeing of children online, linked to an Advisory on Social…
California’s AB1305: New Carbon Offset Disclosure Requirements
California Governor Gavin Newsom recently signed into law AB1305, another in the line of bills that reflect California’s efforts to tackle climate change. AB1305 amends California’s Health and Safety Code to require certain disclosures from companies that affect claims such as carbon neutral, net zero, and the like, in reliance on voluntary carbon offsets (VCOs).