Regulatory - United States

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The Federal Trade Commission (“FTC”) announced its settlement with NeuroMetrix, Inc. over allegations that the company made deceptive claims that its nerve stimulation device called Quell, which is to be worn just below the knee, treats pain throughout the body and is clinically proven and cleared by the Food and Drug Administration (“FDA”) to do…

The U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) issued warning letters to seven companies allegedly selling unapproved products that may violate federal law by making deceptive or scientifically unsupported claims about their ability to treat coronavirus (COVID-19).

The companies advertise products including essential oils, teas, colloidal silver, and tinctures, which…

This month, the Federal Trade Commission (“FTC”) announced that it reached a settlement with the operators of a website that compares student loans and other financial products over allegations of misleading ratings and reviews.

According to the FTC’s complaint, LendEDU falsely claimed that its website provided “objective,” “accurate,” and “unbiased” information about consumer financial products,…

The self-regulatory group, Network Advertising Initiative (“NAI”), has issued new guidance, in which it mandates that its members obtain opt-in consent from consumers before collecting or using “sensitive” data for ad delivery and reporting, as well as for ad targeting.

Specifically, the guidance states that a member must obtain a user’s opt-in consent for the…

This week, the National Advertising Division of the Better Business Bureau (“NAD”), the investigative unit of the advertising industry’s system of self-regulation, announced changes to its filing fees that will take effect on January 1, 2020. The following price structure will apply to bring a challenge:

  • Under $250M – $10,000 (New Category)
  • National Partner –

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On Tuesday, the FTC released a set of guidelines for online influencers dictating when and how influencers must disclose sponsorships to their followers. The guidelines, available here, break down disclosure requirements and provide tips for influencers on how to avoid deceptive advertising.

In general, the guidelines largely reflect what the industry has gleaned from…

On October 29, 2019, the United States Department of Agriculture (“USDA”) released its highly anticipated interim final rule establishing rules and regulations for domestic hemp production. These interim regulations were required by the 2018 Agricultural Improvement Act (2018 Farm Bill), which tasked the USDA with promulgating a regulatory framework for hemp production in the United…

Last month, the Federal Trade Commission (“FTC”) announced its settlement with a Florida-based marketer and seller of aloe vera-based supplements over allegations that it deceived consumers in claiming that its products were effective treatments for a range of conditions affecting seniors, such as chronic pain, ulcerative colitis, diabetes, and acid reflux.

According to the FTC’s…

Devumi, LLC (“Devumi”) and its owner and CEO, German Calas, Jr. (“Calas”) have agreed to settle the Federal Trade Commission’s (“FTC”) complaint alleging that Devumi and Calas engaged in deceptive online marketing tactics in violation of the FTC Act. In this first-ever type of complaint, the FTC alleges that Devumi and Calas sold fake indicators…

Earlier this month, a federal court entered a temporary restraining order against a Utah-based business, which the Federal Trade Commission (“FTC”) and the Utah Division of Consumer Protection (“DCP”) alleged used deceptive promises of big profits to lure consumers into real estate seminars costing thousands of dollars.

According to the complaint filed by the FTC…