On Tuesday, July 24, 2018, I had the privilege of presenting a live, interactive, video-conference program and course entitled “A Perfect Storm: The Intersection of Fake News, Celebrity Endorsements & Social Media,” sponsored by Lawline. The course was broadcast live and also recorded at Lawline’s Studio in lower Manhattan and is now available for on-demand…

The Federal Trade Commission (FTC) has been trying for years to make so-called “influencers” clearly disclose when they are being paid for, or otherwise benefit financially from, promoting a product over social media so audiences are aware of the incentive involved in that promotion. In a news release, the FTC said it sent more than…

On September 29, 2011, the Federal Trade Commission (FTC) issued an Order for Reebok International (RBK) to pay $25 million in refunds to consumers of its EasyTone and RunTone shoes (Reebok Toning Shoes),  and permanently enjoined Reebok  from making claims that such products are effective in strengthening muscles or that wearing such products will result in quantified…

Microsoft made the headlines on May 10, 2011, when it acquired videoconferencing giant Skype for a reported $ 8.5 billion.  Following the antitrust procedure of the Hart-Scott-Rodino Act, the companies filed a pre-acquisition notification to the various government bodies, required before the deal can be finalized. Generally, the companies need to show that the acquisition…

When engaging in national advertising (including via websites), green claims must make clear to which aspect of a product line or business they apply.  Claims must be substantiated by evidence, which companies should be prepared to provide in the event that it is sought by consumers or competitors.   Failure to substantiate one’s green claims may…

The tides of online privacy are changing quickly.  Businesses may be collecting more information than they need and sometimes sharing it without the informed consent of consumers.  The federal government intends to curb this by modifying current protection for consumers, offering more precise guidelines for businesses, and creating greater transparency in consumer-business relations. Online privacy…

As we await the release of the FTC Green Guides, advertisers also should be aware of the BBB’S National Advertising Division (“NAD”) as a potential means for dispute resolution for false advertising claims. The Better Business Bureau’s NAD offers a self-regulatory mechanism for remedying false advertising claims made in nationally distributed advertisements. The system is designed to provide a streamlined…

The Federal Trade Commission (“FTC”) was created in 1914 to regulate unfair trade practices. It issued its first set of Guides for the Use of Environmental Marketing Claims (commonly known as the Green Guides) under in 1992, which it then updated in 1996 and 1998. The Green Guides are meant to provide guidance to marketers so they can avoid…