Ad Law Access
FTC Closes an Investigation Involving a Social Media Campaign
As we've noted in previous posts, if a company provides incentives to a consumer in order to encourage the consumer to promote the company's products, the consumer is required to disclose those incentives. It's not…
Learning From FTC Closing Letters: Useful Insights into Prohibited Practices
In an interview with Catherine Dunn of Corporate Counsel, I discussed some of the patterns and principles found in FTC closing letters and how in-house counsel can benefit from understanding these trends should they…
NAD Decision Addresses Promotional Pricing
We’ve posted several entries about lawsuits involving continuous sales and promotional pricing. (Click here and here, for examples.) This week, the NAD announced a decision involving similar issues. Lowes frequently…
NAD Recommends an Advertiser Modify its Green Claims
Last month, the FTC issued a revised version of their Green Guides and a warning that they would closely scrutinize environmental claims. If you think the odds that the FTC will find your claims is low, you should…
Questions and Answers on Advertising Law
Over the past year, several companies have entered into high-profile settlements with the FTC over allegations that their products didn’t work as advertised. For example, Skechers agreed to pay $40 million to settle…