The Federal Trade Commission (FTC) has issued orders to five e-cigarette manufacturers (JUUL Labs, Inc., R.J. Reynolds Vapor Company, Fontem US, LLC, Logic Technology Development LLC, and NJOY, LLC) seeking information about the companies’ 2019 and 2020 sales, advertising, and promotions. The FTC sent similar orders to the same companies in October 2019 seeking information
FTC
FTC Announces Workshop to Explore Internet “Dark Patterns”


On April 29, 2021, the Federal Trade Commission (FTC) will host a virtual public workshop to examine the nature and effects of “dark patterns” on online user behavior. “Bringing Dark Patterns to Light: An FTC Workshop” is expected to explore ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting,…
FTC Settles Facial Recognition Data Misuse Allegations with App Developer


The proliferation of mobile devices and digital media allows consumers to take, post, and store more photos and videos than ever before. Since 2015, app developer Everalbum has operated the mobile app, Ever, which offers a means for users to store photos and videos on the company’s cloud servers. Everalbum told users they could deactivate…
Mobile Ad Company Settles FTC Charges Over Misleading In-Game Rewards


Tapjoy, Inc., the operator of a mobile advertising platform that appears in certain mobile gaming applications, has settled Federal Trade Commission (FTC) allegations that the company deceived consumers by failing to provide them with promised rewards. Tapjoy’s platform allows mobile app users to interact with third-party advertisers and gain rewards, such as virtual currency, for…
FTC Approves Final Amendments to Energy Labeling Rule for Portable ACs


On December 22, 2020, the Federal Trade Commission’s (FTC) announced adoption of a final rule requiring the use of the EnergyGuide labels on portable air conditioners (ACs). Effective October 1, 2022, portable AC manufacturers must attach yellow EnergyGuide labels on the principal display panel of their packaging and include an image of the required label…
Data Analytics Company Settles with FTC Over Alleged Data Security Violations


Third-party service providers are vital to many companies and they handle a wide range of business activities essential for companies to deliver their own offerings. But a company is not adequately protecting consumers if it fails to perform proper due diligence on service providers and contractually require them to employ appropriate security measures to protect…
FTC Imposes Record $1.2 Million Penalty for a “Made in USA” Case


For the second time since 2016, glue producer Chemence, Inc. (Chemence) has found itself adverse to the Federal Trade Commission (FTC) for making allegedly deceptive claims that its products are American made. And this time it cost them $1.2 million – the highest settlement amount ever paid in a “Made in USA” case.
In 2016,…
FTC Finalizes Settlement with Sunday Riley Skincare Over Alleged Fake Reviews


Online opinions – and not just from celebrities – are big business. Consumer reviews can be highly influential in convincing other shoppers to buy a product. In fact, the founder and CEO of Sunday Riley Modern Skincare LLC (Sunday Riley Skincare) was so convinced about the power of those starred reviews on cosmetics chain Sephora’s…
FTC Finalizes Settlement with Service Provider over Alleged Privacy Shield Misrepresentations


The EU-U.S. Privacy Shield Framework, which provided a mechanism to legally transfer personal information from the EU to the United States, was invalidated on July 16, 2020, but the Federal Trade Commission (FTC) has made it clear that companies that claimed to be participants must still make good on their word. A case in point…
FTC Targets Negative Option Schemes in Two Multimillion Dollar Settlements


The Federal Trade Commission (FTC) recently announced settlements with two online companies for allegedly misleading customers about automatic membership renewal costs. On September 2, 2020, the FTC announced that Age of Learning, Inc., d/b/a ABCmouse, will pay $10 million to settle charges that the company enrolled thousands of consumers in a negative option scheme to…