Ad Law Access

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

ICYMI: The FTC Has Civil Penalty Authority Relative To COVID-Related Advertising

Kelley Drye

As 2020 drew to a close and Congress scrambled to reach a deal to continue funding the federal government, tucked in amidst the 2124 pages of the 2021 Appropriations Bill is a new power for the FTC: civil penalty…

The First Circuit Reinstates False Advertising Class Action Challenging “Hazelnut Crème” Coffee

Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that…

FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers

Kelley Drye

The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act…

Eggs-aggeration: Goop Settles With California District Attorneys Over Misleading Health Claims

Kelley Drye

The California Food, Drug, and Medical Device Task Force announced a settlement this week with Goop, the lifestyle brand founded by Gwyneth Paltrow, which we’ve written about here and here . The complaint alleges that…

FTC Cries Foul On Breathometer Accuracy Claims

Kelley Drye

The FTC recently announced a settlement with Breathometer, Inc ., a company that marketed a smartphone accessory that it claimed could detect blood alcohol levels. Users could simply plug the accessory into the…