LexisNexis® Legal Newsroom
FTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'

On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive under...

FTC Wins Court Judgment Against Immigration Services Scam

"A federal court has ordered the operators of a Baltimore-based immigration services scam to pay as much as $616,000 in refunds to Spanish-speaking immigrants, who were deceived into paying the defendants for immigration services that they were not qualified or authorized to provide. The order bans...

DLA Piper: Merger Enforcement Actions Below The HSR Threshold ˗ Top 10 Tips In Non-Reportable Transactions

By Steven Levitsky and Paolo Morante “Less is more” may be true in architecture, but in merger clearance law, “less” is still enough to trigger antitrust investigations and litigation and rescission of the whole transaction. By “less,” we mean less than the Hart...

Social Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply

The FTC recently conducted an investigation of shoe manufacturer Cole Haan's "Wandering Sole" photo contest. The investigation focused on compliance with FTC guidelines requiring disclosure of material connections between an advertiser and consumers who offer testimonials or endorsements...

FTC Cuts Down Plastic Lumber Recycled Content Claims

For the second time in five months, the Federal Trade Commission (FTC) has announced a settlement of allegedly deceptive recycled content claims for plastic lumber. In its administrative complaint, the FTC claimed that American Plastic Lumber (APL) used deceptive and unfair marketing practices by...

Norton Rose Fulbright: The FTC & Bitcoin Mining Computers

By Susan Ross On September 18, 2014, a federal trial court in Missouri granted the Federal Trade Commission’s ex parte motion for a temporary restraining order, asset freeze, and appointment of a receiver for Butterfly Labs. Butterfly Labs made claims on its web site and on social media that...

Norton Rose Fulbright: Recent Jeans Case Confirms Harsher ‘Made In USA’ Standards Exist In California

By Lauren Shoor A California federal district court judge recently provided some clarity on the apparent disparity between California’s “Made in the USA” law and the standard set forth by the Federal Trade Commission. The Southern District Court of California’s recent decision...

Norton Rose Fulbright Consumer Products Law Blog: Formula For Disaster: FTC Sues Gerber For Falsely Advertising Baby Formula As ‘’FDA Approved’

By Julie Glazer Last week the FTC sued Gerber Products Co., alleging that it has no basis for asserting that its Good Start Gentle baby formula reduces the risk of infant allergy development and that these health claims were falsely advertised as “FDA Approved.” Whether to identify...

DLA Piper Health Systems Alert: When A State Agency Strays Into Antitrust Liability: 4 Practical Tips About Professional Self-Interest

By Steven Levitsky and Lesli C. Esposito Are you a practicing physician who sits on a state licensing board? Is your business affected by a state board with practicing physicians on it? If you said yes to either question, you should read on. Actions of state agencies are normally immune from...

FTC Continues Regulatory Scrutiny of the Debt Buying Industry

The Federal Trade Commission (FTC) recently obtained temporary injunctions against two passive debt buyers, which are companies that buy and sell debt portfolios and exclusively use third-party debt collectors. In complaints filed against the companies, the FTC alleged that the debt buyers had engaged...

FTC Staff Report Addresses “Internet of Things”

by Stephen C. Piepgrass and Steve D. Rosenthal The Federal Trade Commission has released a Staff Report addressing the “Internet of Things” – a phrase referring to everyday items that are able to connect to the internet and transmit data. The Internet of Things includes over 25 billion...

‘Made in the USA’ Claims: California Adds Complications to FTC Standards

Under current Federal Trade Commission (FTC) guidelines, a product may be advertised as “Made in the USA” if “all or virtually all” of the labor and materials in the product are domestic. While this standard is relatively strict, it allows a bit of flexibility in at least two...

FTC Fails to Prove Green Guides' Meaning of "Biodegradable"

In an Initial Decision announced February 6, 2015, [ enhanced version available to lexis.com subscribers ], Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) held that ECM BioFilms, Inc. d/b/a Enviroplastics International (“ECM”) made false...

Free Spanish-language Fotonovela on Notario Fraud

"The Federal Trade Commission (FTC) recently published a fotonovela (graphic novel) for Spanish-speaking immigrant consumers on notario fraud, and it's a FREE resource! Please consider ordering some for your office, placing them in your waiting area, and/or distributing them during community...

Williams Mullen: Cybersecurity Standards Apply To Thee, Not Me

By J.P. McGuire Boyd, Jr. & Robert C. Van Arnam “If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. During...

FTC and Florida AG File Suit to Halt Robocalls from “Card Member Services”

by Stephen C. Piepgrass , C. Reade Jacob, Jr. , Ashley L. Taylor, Jr. and Steve D. Rosenthal The FTC and Florida Attorney General Pam Bondi obtained an ex parte temporary restraining order from the United States District Court for the Middle District of Florida on June 22, temporarily halting several...

Keller and Heckman LLP Telecom Business Alert – 900 MHz Broadband, Drones, Net Neutrality, FirstNet, NG911, And Data Security

900 MHz Reallocation | Almost a dozen parties filed comments last week in response to the FCC’s Public Notice seeking input on a supplement to the Petition for Rulemaking filed jointly by Pacific DataVision, Inc. (PDV) and the Enterprise Wireless Alliance (EWA). The Petition seeks to realign...

DLA Piper LLP Health Systems Alert: CON Laws, COPAs And The FTC: 7 Antitrust Points For The Health Care Sector

By Lesli C. Esposito and Steven Levitsky The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected by state laws. Now, the FTC...

FCC Levies Record $2.96 Million Fine Against Florida Company for Autodialed Calls

by Justin Brandt , Alan D. Wingfield and Chad Fuller On August 11, the Federal Communications Commission handed down a $2.96 million fine against Travel Club Marketing Inc., related entities, and owner Olen Miller (collectively “Travel Club”), the largest fine in FCC history related to...

Third Circuit: FTC May Pursue Data Breach Enforcement Action Against Wyndham Worldwide

On August 24, 2015, in a ruling that was much-anticipated because of its potential implications for the regulatory liability exposures of companies that have been hit with data breaches, the Third Circuit affirmed the authority of the Federal Trade Commission to pursue an enforcement action against Wyndham...

FTC Provides Guidance on FCRA Requirements for Employer Background Checks

by John L. Culhane, Jr. When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees and job applicants. Those requirements were the...

FTC Urges Start-Ups to Incorporate Cybersecurity Early

by Mary C. Zinsner and Ethan G. Ostroff The Federal Trade Commission is proactively encouraging start-ups to take cybersecurity seriously and include consumer data safeguards early in the innovation process. At the FTC’s Start with Security conference in San Francisco on September 9, FTC Chairwoman...

Peter S. Vogel: Is the Android Part of Google’s Antitrust Strategy?

By Peter S. Vogel The NY Times reported that “regulators are looking at whether Google unfairly uses the software to promote its other dominant services.” The report entitled “ F.T.C. Is Said to Investigate Claims That Google Used Android to Promote Its Products ” is based...

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the government failed to establish Bayer was in contempt...

FTC Proactive and Preemptive on Green Certifications

The Federal Trade Commission (FTC), America’s consumer watchdog agency, has historically been ahead of the curve on greenwashing. In 1992, it first published its Guides for the Use of Environmental Marketing Claims , commonly know as the Green Guides, which provide a framework for green marketers...