The FTC’s Endorsement Guides provide that if there is a “material connection” between an endorser and an advertiser – in other words, a connection that might affect the weight or credibility that consumers give the endorsement – that connection should be “clearly and conspicuously” disclosed, unless it is already clear from the context of the communication. A material … [Read more...]
FDA Position on Cannabis-Derived Compounds
Regulation of Products Containing Cannabis and Cannabis-Derived Compounds Immediately following the 2018 Farm Bill being signed into law, the U.S. Food and Drug Administration issued a statement on CBD products intended for human consumption. The December 20, 2018 statement from FDA Commissioner Scott Gottlieb, M.D. first recognizes that the Agricultural Improvement Act of … [Read more...]
FTC Defense Lawyer Report: Top 10 FTC Consumer Protection Topics (2017)
The FTC’s recent law enforcement and policy initiatives suggest that the agency will continue to aggressively pursue a broad spectrum of unfair and deceptive trade practices. Practices affecting small businesses. In 2017 the FTC targeted companies that targeted small businesses with deceptive promotions. A pending lawsuit alleges that New York- and Illinois-based A1 … [Read more...]
Processor that Provided “Substantial Assistance” Found Jointly and Severally Liable for Actions of Telemarketer
On December 13, 2017, the Eleventh Circuit Court of Appeals affirmed a lower court decision finding a credit card payment processor jointly and severally liable - under a theory “substantial assistance” - for the full judgment entered against allegedly fraudulent telemarketers. Federal Trade Commission v. WV Universal Management, LLC (11th Cir. Dec. 13, 2017). “Joint and … [Read more...]
FTC and FCC Announce MOU to Coordinate Online Consumer Protection Efforts
On December 11 2017, the Federal Trade Commission and Federal Communications Commission announced their intent to enter into a Memorandum of Understanding under which the two agencies would allocate enforcement responsibilities following the adoption of the Restoring Internet Freedom Order. “The Memorandum of Understanding will be a critical benefit for online consumers … [Read more...]