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
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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).
FTC Proposes New Rule Targeting “Junk Fees”
“Service fees.” “Convenience fees.” Whatever a business calls them, consumers don’t like them, and neither does President Biden. The President has repeatedly pledged to end the practice of imposing what he calls “junk fees.” The Federal Trade Commission (FTC) has now issued a new proposed rule (proposed Rule) requiring more transparency in imposition of these…
The FTC and the Mere Mention of AI
The FTC recently announced an enforcement action involving generative artificial intelligence (AI). The most interesting part: it hardly involves AI at all. There is no alleged misuse of AI, and not even allegations of AI actually being used. Rather, the case is a business opportunities case.
The FTC alleges that three individuals and several inter-related…
FTC Publishes Updated Endorsement Guides
After an extended public comment period, the Federal Trade Commission (FTC) adopted revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides) on June 29, 2023. As we previously posted, the FTC voted to publish proposed revisions for public comment in May 2022. The updated Endorsement Guides and companion FAQs, which…
FTC Cracks Down on Another “Made in USA” Claim
The FTC has said it numerous times: If your products – including their components – are not actually “all or virtually all” made in America, marketers should not label them as “Made in USA (MUSA).” The FTC’s latest enforcement action for false MUSA advertising against North Carolina-based motocross and ATV parts company, Cycra, is a…
The FTC Notices on Claim Substantiation: A Reminder of a Nearly 15-Year-Old Trend
Late last week, the Federal Trade Commission (FTC) announced that it had sent a “Notice of Penalty Offenses” on claim substantiation to around 670 companies. While this notice tactic is not a new tool, it has been reinvigorated following the 2021 Supreme Court decision in AMG Cap. Mgmt., which led to the FTC losing its…