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 […]

FTC takes checkered flag in $1.2B payday loan case

The FTC recently obtained a record $1.2B judgment against former racecar driver Scott Tucker and others over an alleged deceptive payday loan scheme that charged consumers undisclosed and inflated fees.  Even still, questions still linger over how the FTC will go about collecting that judgment, including claims by the defendants that the FTC is not […]

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 […]

Maximum civil penalty amounts rise sharply

Late last week, the FTC announced that it had approved final amendments to Commission Rule 1.98.  Rule 1.98 adjusts the maximum civil penalty for violations of the 16 provisions of the law the FTC enforces.  The final amendments were approved in accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 2015.  […]

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 […]

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 […]

Healthcare merger proceeds over competition concerns

The FTC was a recently dealt a significant blow in the context of a healthcare merger.  Early last week, a Pennsylvania federal judge denied the FTC’s request to block the proposed healthcare merger between Penn State Hershey Medical Center and PinnacleHealth System, even over concerns raised by the FTC that the proposed merger “would substantially […]

“Bogus” weight loss claims lead to FTC settlement

In the spring of 2015, the FTC sought and obtained a TRO, preliminary injunction, asset freeze, and appointment of a receiver against Sale Slash LLC, a Glendale, California operation that the FTC alleged used millions of illegal spam emails, along with false weight loss claims and fake, unauthorized endorsements from celebrities like Oprah Winfrey, to […]