HHS website usability guidelines used by FTC to allege misleading marketing practices

Trial began on last week for a deceptive advertising suit against DirecTV in which the FTC’s opening statements asked the Court to award $3.95 in damages to consumers.

DeVry University becomes latest for-profit university victim

The FTC announced late last week that it had reached a $100 million settlement with for-profit giant DeVry University over charges that DeVry misled prospective students.

LeadClick liable for deceptive content it did not create

In a recent a case before the U.S. Second Circuit Court of Appeals, the second circuit was faced with the issue of whether online advertiser, LeadClick Media, LLC, is liable under the FTC Act for deceptive content it did not create.  Ultimately, the second circuit concluded that online advertisers like LeadClick could be held liable […]

Warner Bros. settles charges over influencer campaign

The FTC has recently focused its enforcement efforts on influencer campaigns.  An influencer campaign, instead of marketing a product directly to a consumer, inspires, hires, or pays influencers to market a product to a larger consumer base.  While an influencer campaign may be an effective way to market a product to a greater number of […]

InMobi settles tracking charges with FTC

A Singapore-based mobile advertising network has agreed to settle charges with the FTC that the company illegally tracked hundreds of millions of consumers’ locations without permission.  As part of the settlement, InMobi will pay $950,000 in civil penalties, and will further be required to implement a comprehensive privacy program. By way of background, InMobi was […]

Solar energy: the FTC’s next target

Every few months, the FTC hosts a workshop that raises issues of competition and consumer protection within a particular industry.  Generally, following these workshops, the FTC begins to pursue actions against companies focused on by the earlier workshop.  It is almost as if the FTC’s workshops serve as a warning that the FTC is about […]

Made in USA claims and the FTC

For most products, with the exception of automobiles or items made from textile, wool, or fur, there is no requirement that manufacturers make a “Made in USA” claim regarding their products.  However, if a manufacturer chooses to make a “Made in USA” claim, then the manufacturer must comply with the FTC’s Made in USA standard […]

POM Wonderful appeal denied by Supreme Court

The U.S. Supreme Court has declined to hear POM Wonderful LLC’s petition for writ of certiorari regarding a 2013 FTC decision that found some of POM Wonderful’s health related claims to be misleading.  As a result, the FTC ‘s January 2013 order against POM Wonderful will stand. FTC’s REsponse to Supreme Court’s Denial of Appeal […]

Clean diesel ads proving not so clean for VW

For quite some time, Volkswagen (“VW”) advertised its TDI “clean diesel offerings” as, “Like really clean diesel.”  However, we all now know the truth about VW’s ads regarding its clean diesel cars, which is that their ads simply do not stand up to any kind of scrutiny.  And now the FTC has decided to enter […]