Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

NAD Says Online Reviews Don’t Support “Most Recommended” Claim

Last week, in a case of first impression, the NAD determined that reviews collected from retailer websites were insufficiently representative or reliable to support a broad “America’s Most Recommended” claim. The claim…

NY Attorney General Secures Settlement Over Misleading Sales

Over the past year, there has been a​n​ increase in the number of lawsuits and regulatory investigations ​involving how retailers advertise discounts and sales. In these cases, challengers have generally alleged that…

FTC’s i-Health Settlement Features Evolving Substantiation and Fencing-In Standards

Kelley Drye

Earlier this week, the FTC announced that supplement marketers i-Health, Inc. and Martek Biosciences Corporation (the Companies) have agreed to settle charges of deceptive advertising for claiming that their…

CFPB to Collect Information on Mobile Financial Services; Cites Customer Service and Privacy Issues as Areas of Concern

The Consumer Financial Protection Bureau (CFPB) announced today that it would launch an inquiry “into the opportunities and challenges associated with the use of mobile financial services.” The official notice, which…

"Psychological Commitment" as a Basis for a Promotional Pricing Lawsuit?

Class action plaintiffs continue to explore new theories under state promotional pricing statutes. Last week, a plaintiff filed a class action complaint against Gap Inc. in California state court, alleging that the…