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On notice: Procedural overview of the FTC’s section 5 penalty offense authority

USA - October 29 2021 As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them…

Timothy E. Burroughs, Jennifer Yang

On notice: FTC issues warning to hundreds of companies regarding the use of fake reviews and other misleading endorsements in online marketing campaigns

USA - October 18 2021 Prompted by the proliferation of social media advertising that often blurs the line between authentic content and sponsored posts, the Federal Trade…

Jessica Griffith, Jeffrey H Warshafsky

“Butter” luck next time: Court finds California cannot preclude vegan dairy from using “Vegan Butter” Labeling

USA - October 5 2021 Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of…

Anisha Shenai-Khatkhate, Alyson Tocicki

Third Circuit Affirms Decision to Reject FTC’s False Advertising Claims Against Housing Insulation Company

USA - August 17 2021 A Third Circuit panel recently affirmed a Pennsylvania district court decision in favor of defendant Innovative Designs (“IDI”) in an advertising…

Anisha Shenai-Khatkhate, Jennifer Yang

The Rise and Fall of “Vanilla” Labeling Challenges

USA - August 12 2021 Beginning in 2020, the advertising world saw an explosion of putative class-actions challenging the use of “vanilla” to describe products where the…

Alyson Tocicki, Jeffrey H Warshafsky