A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and a variety of scientific data in dispute. The Proctor & Gamble Company (P&G) successfully challenged three claims made by GlaxoSmithKline Consumer Healthcare,
FTC
FTC proposal codifying “Made in USA” standard extends enforcement to online advertising, and enhances enforcement capabilities
The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC staff held a workshop in September 2019 to discuss “Made in USA” (MUSA) claims and whether there was a need to update the…
National Advertising Division Launches Fast-Track Challenge Process
The National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, recently announced that a new “Fast Track” challenge process is now available to members of the advertising industry. The SWIFT (Single Well-defined Issue Fast Track) process aims to adapt to the new speed at which claims come and go in the marketplace…
FTC Seeks Public Comment on Endorsement Guides; Comment Period Extended
On social media and other digital advertising platforms, proper disclosure of material interests between an endorser and the product manufacturer is critical to inform consumers and avoid alleged deceptive advertising practices. The comment deadline for Federal Trade Commission’s (FTC) recent request for public comment to inform planned revisions to its Guides Concerning the Use of…
National Advertising Division Refers Supplement Advertising to FTC
A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be referred to the Federal Trade Commission (FTC). The NAD recently announced that it referred advertising claims made by dietary supplement…
FTC Hosts Public Workshop on “Made in USA” Claims
On September 26, 2019, the Federal Trade Commission’s (FTC’s or the Commission’s) Bureau of Consumer Protection (BCP) held a public workshop on “Made in USA” and similar U.S.-origin claims for consumer goods sold in the United States. This is the first time the Commission has sought public input on its approach to such claims since…
A Seat at the Table – What’s new in food law
Please join us on Wednesday, November 6 for the launch of a new webinar series featuring updates on the latest news and trends in the food and beverage industry. Our first webinar will focus on updates regarding CBD, FSMA, and the FTC. Please see below for the program agenda:
Navigating the regulatory landscape for CBD:…
Checking in with the FTC’s Bureau of Consumer Protection – Trends, highlights, new developments and what lies ahead
The Federal Trade Commission (FTC) Bureau of Consumer Protection is where the action is when it comes to identifying current and future trends related to consumer protection. Bureau actions are closely watched to identify enforcement priorities and issuance of key guidance on how the FTC contemplates exercising its authority in key areas, such as social…
FTC Releases Revised Green Guides
The Federal Trade Commission (FTC) has released the final revisions to its “Green Guides,” which constitute the Commission’s guidance for making claims about the environmental benefits of a product in a manner that is not deceptive under Section 5 of the Federal Trade Commission Act. The final revised Green Guides largely reflect the revisions the…