On September 8, 2025, once again, the question of the President’s authority to terminate, without cause, commissioners of independent agencies, was examined in federal court and appealed to the Supreme Court, and once again, the Supreme Court of the United States (SCOTUS) overruled the court of appeals and granted a temporary stay of that court’s
Advertising
Sheila A. Millar to Help Launch Updated ICC Environmental Framework Guidelines
Environmental claims remain a hot topic for global marketers and changing rules around the world create new challenges as marketers strive to inform consumers and business customers about their products. The International Chamber of Commerce (ICC) Framework for Responsible Environmental Marketing Communications (Environmental Framework), first published in 2008, and most recently updated in 2021, offers…
Match Group Fined $14 Million by FTC Over Allegations of Deceptive Practices
Internet dating apps, whose revenue is derived largely from subscription sales, have been the subject of concerns about marketing practices, including allegations that they used “fake” love interest ads to attract users and left customers vulnerable to scams, failed to make terms of service clear, and adopted onerous cancellation procedures. The Federal Trade Commission’s (FTC…
Eighth Circuit Court of Appeals Strikes Down FTC’s Click-to-Cancel Rule
While the Eighth Circuit struck down the Federal Trade Commission’s (FTC) Click-to-Cancel rule on July 8, 2025, businesses should recognize that the FTC, in addition to state Attorneys General, has various tools in its arsenal to address false, deceptive, or unfair practices, and negative option sales and auto-renewals are still regulated by states.
Read the…
FTC Issues Warning Letters to Businesses and Platforms After Designating July “Made in the USA” Month
On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “‘Made in the USA’ Month,” and reiterated the Commission’s commitment to cracking down on deceptive MUSA claims. The FTC quickly followed this announcement on July 8 by sending warning letters to four companies, reminding them to comply with FTC’s 2021 Made in USA Labeling…
KOSA is Back and Still Controversial
On May 14, 2025, the Kids Online Safety Act (KOSA), SB 1748, was reintroduced for the fourth time by original sponsor Marsha Blackburn (R-TN), joined by Senators Richard Blumenthal (D-CT), John Thune (R-SD), and Chuck Schumer (D-NY). First introduced in 2022, and then again in 2023 and 2024, KOSA imposes a duty of care on…
FTC Delays Enforcement of Click-to-Cancel Rule
Last November, the Federal Trade Commission (FTC or Commission) published its final click-to-cancel rule (the Rule), which requires sellers to make it as easy for consumers to cancel their enrollment into a service or goods plan as it was to sign up. As we discussed previously, the Rule prohibits sellers from misrepresenting any material…
Privacy and Advertising Year in Review 2024: Will Kids and Teens Remain a Focus in 2025?
A new year. A new administration in Washington. While protecting kids and teens is likely to remain an issue that drives legislation, litigation, and policy discussions in 2025, issuance of 1,000 Executive Orders on day one of the Trump Administration may result in new or changed priorities and some delay in the effective date of…
FTC Announces Final “Click to Cancel” Rule
On October 16, 2024, the Federal Trade Commission announced its final “click-to-cancel” rule, expanding its prior rules on negative options to include all types of subscription sales.
A central element of the rule is a requirement that sellers make it as easy for consumers to cancel their enrollment as it was to sign up…
FTC Finalizes Rule Against Fake Reviews and Testimonials
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…