FTC v. D-Link: A warning shot to the IoT industry

Earlier this month, the FTC filed a complaint against Taiwan-based computer networking manufacturer D-Link Corp. and its United States subsidiary, D-Link Systems, Inc. 

Homeopathic drugs held to same standards by the FTC

In late September 2015, the FTC hosted a one-day public workshop, titled “Homeopathic Medicine & Advertising.”  The workshop explored advertising for over-the-counter (“OTC”) homeopathic drugs.  The workshop included several panel discussions.  The topics explored by the panel discussions touched on issues such as the current state of the homeopathic market, advertising for homeopathic products, consumer […]

Substantial injury need not be tangible, FTC says

In the latest installment of the fight between the FTC and medical testing laboratory LabMD, the FTC issued an Opinion and Final Order reversing an Administrative Law Judge’s (“ALJ”) prior initial decision dismissing the FTC’s data security charges.  The FTC’s opinion determined that the ALJ “applied the wrong legal standard for unfairness” as it related […]

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 […]

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 […]

In app purchases by kids go wrong for Amazon

In July 2014, the FTC filed a lawsuit against Amazon, Inc. alleging the when Amazon first introduced in app charges to the Amazon Appstore in November of 2011, there were no password requirements for in app purchases, including in kids’ games and other apps that appeal to children. According to the complaint, this left parents […]

No data security victims spells trouble for FTC’s case; LabMD claims in 86-page briefing

In the latest round of litigation concerning the FTC’s data security case against LabMD, Inc., LabMD, in an 86-page filing, has argued that the FTC has failed to produce even one data breach victim or to detail what data security standards govern health companies.  LabMD said in its filing that the FTC’s complaint is built […]

Lead generation in education focus of FTC in 2016

In late October 2015, the FTC hosted a workshop on lead generation entitled “Follow the Lead,” which sought to explore the growing use of online lead generation in various industries, including education. According to the FTC: Lead generation  is the practice of identifying or cultivating consumer interest in a product or service, and distributing this […]