On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the prevention or treatment of the Coronavirus Disease 2019 (COVID-19). In addition to issuing the joint warning letters, the FDA issued a press release announcing the…

In January 2015, we reported that California’s law on advertising “Made in USA” claims, Cal. Bus. & Prof. Code § 17533.7, had been interpreted as imposing a stricter standard than guidelines adopted by the Federal Trade Commission (FTC) on the same issue. Specifically, the California law had been interpreted to require that 100 percent of…

In the contest, Cole Haan offered a $1,000 prize for the “most creative entry” among photos posted on Pinterest. QR CodeEntry required (a) creating a Pinterest board titled with the shoe manufacturer’s slogan “Wandering Sole,” (b) pinning five photos from the manufacturer’s “Wandering Sole” Pinterest board, (c) pinning five photos of the consumer’s favorite “place to…

The FTC recently announced that it is stepping up enforcement against companies selling quick-fix weight-loss products.  GT Shareholder, Justin Prochnow, highlights the risks created by the FTC’s initiative:

While the FTC has always scrutinized weight-loss claims, these actions indicate that the FTC intends to continue putting pressure on marketers and advertisers of weight-loss

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GT Shareholder Irv Scher authored a client alert regarding a recent FTC enforcement action involving product demonstrations.

The case involved advertising for a truck shown pushing a dune buggy up a steep hill, something the truck allegedly was not capable of doing.  The FTC sued and won a settlement in which the advertiser is…