“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
Advertising
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…
FTC to Hold Workshop on “Recyclable” Claims


On December 14, 2022, the Federal Trade Commission (FTC) announced that it would be reviewing its Green Guides for the Use of Environmental Claims (Green Guides) to assess the need for updates and changes to the Guides. First published in 1992, the Green Guides address a number of environmental marketing claims, reflecting the FTC’s interpretation…
FTC Extends Comment Period for Green Guides Update


At the request of multiple stakeholders, the Federal Trade Commission (FTC) announced today that it is giving additional time for the public to weigh in on proposed changes to its Green Guides for the Use of Environmental Claims (Green Guides). The FTC has extended the public comment period for 60 days, now ending on April…
FTC Starts Long-Awaited Green Guides Review


Update: The formal Federal Register notice was published on December 20, 2022, and comments are due on February 21, 2023.
On December 14, 2022, at an open meeting of the Federal Trade Commission (“FTC” or “Commission”), FTC Commissioners voted unanimously to publish a Notice in the Federal Register announcing a Request for Public Comments on…
FTC Proposes Trade Regulation Rule on Deceptive Reviews


Deceptive reviews and endorsements have been an increasing area of scrutiny by the Federal Trade Commission (FTC or Commission). In the last few years, the Commission has brought myriad complaints against companies for engaging in such practices. Last year, the FTC resurrected its long-dormant Penalty Offense Authority, warning more than 700 companies in a…
Deadline Set for Comments on Proposed Updates to FTC Endorsement Guides


As we previously reported, the Federal Trade Commission (FTC) seeks comments on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The FTC’s notice was published in the Federal Register on July 26, 2022 (87 Fed. Reg. 44288), and comments must be received by September 26, 2022.…