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.

Finally: A Statute of Limitations on FTC Disgorgement Actions?

On June 5, 2017, the Supreme Court of the United States decided Kokesh v. SEC, No. 16-529, holding that disgorgement claims must be commenced within five years of the claims’ accrual because such claims operate as penalties.

FTC touts “historic” year in 2016 highlights

In late March, the FTC released the agency’s 2016 Annual Highlights, which the FTC says include some of the Commission’s “biggest successes” to date. 

FTC and DOJ issue antitrust guidance to HR pros

In late October, the FTC and Department of Justice (“DOJ”) issued guidance for human resources (“HR”) professionals regarding the applicability of antitrust law to hiring and compensation decisions.  According to the FTC, “HR professionals are often in the best position to ensure their companies’ hiring practices comply with the law and this guidance will help […]

Franchise Rule thresholds adjusted by the FTC

The FTC recently announced that it has made three monetary exemption threshold adjustments for inflation in its Franchise Rule.  The thresholds are used to determine whether the sale of a franchise qualifies for an exemption from the Franchise Rule.  The Franchise Rule requires franchisors to disclose key information to potential buyers, which allows the potential […]

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 […]