Ad Law Access

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

Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC

Update: On May 12th, Lina Khan received bipartisan approval from the Senate Commerce Committee for her nomination as FTC Commissioner. This paves the way for her confirmation hearing before the full Senate which has…

Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?

Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend…

Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies

This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC . Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme…

Earth Day = Green Guides

It’s Earth Day! A perfect day to think about the FTC’s Green Guides, designed to help marketers develop claims about the environmental benefits of their products. The Green Guides address the following types of…

With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?

Updated to reflect introduction of H.R. 2668, the Consumer Protection and Recovery Act by Rep. Cárdenas (D-CA) As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade…