Third Party Complaints to the FTC: Do They Lead to Enforcement Action?

Recently, Gonzalo wrote about the letter Fact in Advertising and marketing sent out to the FTC, urging the Commission to check out Diageo’s use of influencers to market Ciroc vodka on Instagram. We likewise found out last week that the Humane Culture sent out a similar letter to the FTC requesting that Compensation start an Read More

An Ingredient for Failure In “Reasonable Consumer” False Advertising Cases

Accuseds have actually had a wonderful run lately in winning pleading-stage dismissal of “affordable customer” incorrect advertising situations. That run pertained to an end the other day, however, when the Second Circuit Court of Appeals in New York turned around the dismissal of insurance claims concerning Kellogg’s “Cheez-It” biscuits. The front of the “Cheez-It” bundle Read More

FTC Asked to Investigate Use of Influencers to Market Vodka

Previously today, Truth in Marketing (or “TINA.org”) sent a letter to the FTC prompting the Compensation to check out Diageo’s use influencers to market Ciroc vodka on Instagram. According word for word, TINA.org accumulated more than 1,700 Instagram posts across 50 different influencers– including Ciroc brand supervisor and also CMO Sean “Diddy” Combs– in which Read More

Senate Confirms Kathleen Kraninger as CFPB Director

The Senate today confirmed Kathleen Kraninger as CFPB Director by a party-line, 50-49 vote, with Sen. Tillis abstaining.  Kraninger will replace current Acting Director Mick Mulvaney, who also currently oversees Kraninger at the Office of Management Budget (OMB) where she is associate director of general government and Mulvaney is Director. Kraninger is expected to continue Read More

NAD Finds Line Claims in Charter Commercial

One of the issues that frequently comes up in NAD cases is “line claims.” Does an ad convey a claim about a specific product? Or does it convey a claim about an entire line of products? This week, NAD released a decision that explores that issue in the context of a funny commercial by Charter Read More