Federal Trade Commission (FTC)
The U.S. Federal Trade Commission (FTC) enforces and investigates (Civil Investigative Demands) fraudulent, unfair and deceptive practices, as well as anticompetitive marketplace conduct. It possesses investigative authority pursuant to Sections 6, 9 and 20 of the FTC Act. Following an investigation, the FTC may initiate a consumer protection or antitrust enforcement action. The basic consumer protection statute enforced by the FTC is Section 5(a) of the FTC Act. Consumer protection laws are enforced by the Bureau of Consumer Protection. Antitrust laws are enforced by the Bureau of Competition.
Annual FTC Report Provides Insight Into Enforcement Priorities
The Federal Trade Commission recently issued its annual Financial Report, which covers its enforcement policy. Not surprisingly, the agenda includes bread-and-butter fraud, claim substantiation-related issues, technological innovation, endorsements, undisclosed material connections, influencer campaigns, health-related advertising claims, dietary supplements, disease prevention and treatment claims, deceptive or unfair practices in the financial marketplace, sponsored content, native advertising, and…
Read Article...New York Law Journal Quotes Richard B. Newman on FTC U.S. Origin Claim Enforcement
NYLJ quotes Richard B. Newman regarding the uptick in “Made in USA” enforcement by the Federal Trade Commission (FTC). According the Mr. Newman, “marketers that advertise products utilizing U.S. origin claims must know how the FTC is pursuing these matters, related legal obligations and prohibitions, and how to implement preemptive corrective action plans. The full article can be read at the New…
Read Article...FTC Announces PrivacyCon 2019
As part of its efforts to address evolving privacy and data security challenges, the Federal Trade Commission has announced a call for presentations for its fourth annual PrivacyCon, to be held in June 2019. PrivacyCon 2019 aims to bring together a diverse group of stakeholders, including researchers, academics, industry representatives, consumer advocates, and government regulators, to discuss the…
Read Article...Court Decision Affirms Statutory Limits on FTC Enforcement Authority
Earlier this year, a federal judge in Delaware dealt a blow to Federal Trade Commission jurisdiction when it partially dismissed a lawsuit it filed alleging violation of antitrust laws. The dismissal drew attention, in large part, because the court ruled that the FTC’s ability to seek a permanent injunction is dependent upon establishing the existence…
Read Article...FTC Agenda for Next Set of Consumer Protection Hearings
The Federal Trade Commission announced the agenda for the fifth session of hearings which will examine vertical merger analysis and the role of the consumer welfare standard in U.S. antitrust law. The Commission has invited public comment on issues such as whether the U.S. antitrust agencies should publish vertical merger guidelines. What guidance should they provide regarding the assessment…
Read Article...FTC Compliance Lawyer on Agency Settlement of Deceptive “Made in USA” Claims
The Federal Trade Commission has announced that that companies selling hockey pucks and recreational and outdoor equipment have agreed to cease making bogus “Made in USA” claims. According to the Commission, four related New York-based companies, and two commonly controlled California companies, falsely represented that all, or virtually all, products sold are made in the…
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