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
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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…
FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security


At a press conference on August 11, 2022, the Federal Trade Commission (FTC or Commission) announced an Advance Notice of Proposed Rulemaking (ANPR), which was published, along with a fact sheet, to explore potential new rules governing what the FTC characterizes as prevalent “commercial surveillance” and “lax data security practices.” The FTC issued the…
FTC Submits COPPA Report to Congress, Extends Comment Deadline for October “Stealth Advertising” Workshop

On August 24, 2022, the Federal Trade Commission (FTC or Commission) submitted a report to the Congressional Committees on Appropriations detailing current resources and personnel dedicated to COPPA enforcement, the number of COPPA violation investigations over the past five years, and the types of relief obtained in completed investigations. The report was submitted in response…
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.…
FTC Brings Right to Repair Complaints Against Three Companies


Following its report to Congress in 2021 on what it characterized as unlawful repair restrictions, Nixing the Fix, the Federal Trade Commission (FTC or Commission) announced that it would prioritize investigations into limits on consumer repair rights pursuant to its authority under the Magnuson-Moss Warranty Act (Warranty Act) and Section 5 of the FTC…
FTC Seeks Input on Proposed EnergyGuide Labeling Rule Updates


In keeping with its 5-year schedule for comparability range updates to the Energy Labeling Rule (Rule), the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking on May 25, 2022, seeking to revise the Rule to require EnergyGuide labels to update comparability range information on EnergyGuide labels for televisions, refrigerators and freezers, dishwashers, water…
FTC Requests Comments on Proposed Changes to Endorsement Guides and .com Disclosures Guidance


The Federal Trade Commission (FTC or Commission) has issued several new proposals or policy statements affecting advertisers recently, including resurrection of its Penalty Offense Authority and an Enforcement Policy Statement Regarding Negative Option Marketing (which we previously reported on here). The FTC is now seeking public feedback on a proposal to enhance and strengthen…