If you want to advertise that your product performs better than a competitor’s product, you’re likely going to have to run tests to substantiate that claim. In some cases, there may be industry standard tests that could help take the guess work out of designing a protocol. In absence of an industry standard test, though, you will need to come up with your own protocol. A recent NAD case involving teeth whitening claims demonstrates just how difficult that can be.

https://www.adlawaccess.com/2022/08/articles/nad-decision-holds-lessons-for-developing-test-protocols/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

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Produced by Jeff Scurry

As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant processing that goes into the product occurs in the USA; and (3) all or virtually all components are made or sourced in the USA. It can be a challenge to figure out whether a product you make meets that standard, especially when you get components from suppliers. A new FTC closing letter sheds some light on how companies should go about this.

https://www.adlawaccess.com/2022/09/articles/ftc-addresses-supplier-due-diligence-for-made-in-usa-claims/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and otherwise cross the line of what’s socially acceptable – it’s important to keep in mind that some monsters are actually a lot like us. They go to work, they spend time with their families, and they like to unwind at the end of a long day. And that’s where this story begins.

https://www.adlawaccess.com/2022/09/articles/when-monsters-cross-a-line-claim/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

In August we discussed the broad authority that State Attorneys General have in enforcing price gouging laws – many of which remain in effect given the number of states that are still under some state of emergency. We noted the significant expansion in recent AG enforcement, and observed that at least two courts had pushed back on these efforts, dismissing cases brought by the Texas and New York Attorneys General. Just a short month later however, both cases have now been reinstated by appellate courts, again raising the prospects that AGs will continue to push the boundaries in price gouging enforcement, especially while consumers are struggling to deal with high prices due to labor shortages and inflation.

Blog - https://www.adlawaccess.com/2022/09/articles/state-attorney-general-price-gouging-claims-find-new-life/#more-10956

Paul L. Singer


[email protected]


(202) 342-8672


Bio - www.kelleydrye.com/Our-People/Paul-L-Singer

Beth Chun


[email protected]


(202) 342-8671


Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Download the Ad Law Access app - linktr.ee/KelleyDryeAdLaw

Subscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

California AG’s First CCPA Settlement Sends Strong “Signals” About Do Not Sell Enforcement by Kelley Drye Advertising Law

FTC and Six States Take Action Against Fake Reviews and Claims by Kelley Drye Advertising Law

38 Attorneys General joined forces in a letter promulgated by the National Association of Attorneys General (NAAG) to urge Congress to provide them with authority to address consumers’ frustrations with airlines, further advocating for a shift of federal authority over consumer complaints away from the Department of Transportation.

https://www.adlawaccess.com/2022/09/articles/state-ags-dot-needs-an-on-time-departure/

Paul L. Singer


[email protected]


(202) 342-8672


Bio - www.kelleydrye.com/Our-People/Paul-L-Singer

Beth Chun


[email protected]


(202) 342-8671


Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center

Find all of our links here https://linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.

FTC Updates – Intuit, Mag-Moss, and More

There’s a lot going on at the FTC and in consumer protection news more generally.  This blogpost highlights some recent FTC-related news, as well as several issues related to the FTC’s legal authority that bear watching.

https://www.adlawaccess.com/2022/08/articles/ftc-updates-intuit-twitter-mag-moss-and-more/

Contact


Jessica L. Rich


[email protected]


(202) 342-8580


Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich

Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center

Find all of our links here https://linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

Ad Law Access Daily Podcast

Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.

The FTC’s Mission Statement for 2022-2026: “Legitimate Business Activity” Still Missing in Action

Last November, the FTC sought public comment on a draft strategic plan for 2022-2026.  As we blogged here and discussed in a comment submitted to the FTC (one of only 21 submitted), a key change from prior strategic plans was deletion of the phrase “without unduly burdening legitimate business activity” from the FTC’s Mission Statement – a change that the Commission majority just adopted in its final Strategic Plan for 2022-2026.

https://www.adlawaccess.com/2022/08/articles/the-ftcs-mission-statement-for-2022-2026-legitimate-business-activity-still-missing-in-action/

Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center

Find all of our links here https://linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry