Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might remember that we previously reported on this lawsuit when it was filed, in January 2022. While Texas was first out of
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The 15th Commission Meeting Brings Us Back to the 1970s with More Rulemaking

If there were any question whether the current Federal Trade Commission (FTC) was reenacting the 1970s, that question has been put to rest. And unfortunately, it’s not about seeing Grace Jones, Liza Minnelli and Andy Warhol at Studio 54 or wearing our finest velour shirts; the 1970s also saw quite a lot of rulemaking at…
There Is Bad Press: FTC Defendant Sues the Agency Over an Over-the-Top Release

P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being talked about.” Well, some folks most definitely disagree when a whole settlement potentially is tanked over…
NAD Cleans Up ‘Doctor Recommended’ Claim for Baby Wipes

It is too early to tell if we have a baby wipes war developing to compete with the diapers wars, but we certainly have had lots of activity this year involving the disposable cleanup cloths. An earlier action focused on the adequacy of the substantiation of a claim that WaterWipes were the “#1 wipe against…
Taking Another Look at Courts Interpreting Section 19 of the FTC Act

After the Supreme Court held that the Federal Trade Commission (FTC) could no longer use Section 13(b) of the FTC Act to seek equitable monetary relief in federal court, the agency quickly ransacked the sofa, seeking spare change and any other statutory tools it could find to compensate. Section 19 of the FTC Act contained…
The 11th Public Commission Meeting – Talking About Telemarketing, AMG and, Yes, Dream Incubation
Look Back, Look Ahead: State Attorneys General Enforcement – Part Two

IoT (Internet of Things) concept.Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. The following summarizes our 10 predictions for state attorneys general enforcement in 2022.…
Look Back, Look Ahead: State Attorneys General Enforcement – Part One

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. The following summarizes our 10 key takeaways from 2021.
Takeaway No. 1: Biden Transition Shifts Attorneys General…
Nothing to See Here … Move Along. The Seventh Public Commission Meeting on Identity Theft

Yesterday’s sole topic for the monthly public Federal Trade Commission (FTC) meeting was identity theft. That’s it. No policy statements, no votes, no repeal of carefully crafted bipartisan policy documents, just identity theft, statistics about identity theft and the FTC’s resources about identity theft. It is unclear why we needed a meeting to discuss this…