Earlier this month, the Federal Trade Commission (FTC) announced a final rule—dubbed the Junk Fees Rule—to address what it views as deceptive pricing practices that cause harm to consumers and that undercut other honest businesses in two specific industries. Specifically, the FTC describes its rule as one that will “prohibit bait-and-switch pricing and other tactics
Latest from Above the Fold
HEALTHY OR NOT? THE FDA’S NEW RULE REDEFINES WHAT “HEALTHY” MEANS ON FOOD LABELS
The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary guidance.
Essentially, the final rule updates the requirements for when the term “healthy” can be used as an implied nutrient content
INFLUENCER SUING OVER AESTHETIC AND BRAND IDENTITY
Recently, influencer, Sydney Gifford is suing fellow, influencer, Alyssa Sheil, claiming misappropriation – this claim exceeds imitation, instead Gifford argues that Sheil appropriated her entire look, including her atheistic and overall brand identity. Gilford has accused Sheil for posting content that mimics Gifford’s “neutral, beige, and cream, aesthetic.”
Gifford is an influencer who has over
Holiday Marketing Tips & Trends
With Black Friday and Cyber Monday only recently behind us, and with Christmas and New Years’ closing in soon, the deals are endless and consumer spending is amplified. The goal for companies this time of year is not just to generate one-off purchases, but rather to cultivate engaged and loyal customers who will keep buying
Copyright Claims Board Stats
The Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020 and began accepting claims in June 2022. It is a voluntary and virtual alternative to federal court for resolving copyright disputes up to $30,000. For further background, see our prior blog post.
Political Influencers: Entering a New World
Unless you live under a rock, your news feed has been dominated by the upcoming presidential election and opinions about the respective images and branding embodied by the candidates. What seems different this time is the extent of the celebrity endorsement/influencer attempts to impact voter decision-making. (While at the same time, certain newspapers are deciding
Federal Trade Commission’s New “Click-to-Cancel” Rule Simplifies Ending Unwanted Subscriptions
Gone are the days when subscriptions were limited to Netflix or Amazon. Today, you can find subscription services for nearly anything—from meal kits to beauty products and beyond. For companies, these subscriptions offer a lucrative, ongoing revenue stream, converting a potential one-time purchase into a steady flow of monthly profits. Consumers often find themselves automatically
USDA Publishes New Guidelines on Meat and Poultry Labels:
Imagine this: you’ve got a weekend BBQ lined up with friends, and you’re ready to impress with mouthwatering steaks and chicken wings. You head to the supermarket, excited to pick the best cuts, but as you browse the meat and poultry section, you’re hit with a wave of labels: “Raised Without Antibiotics,” “Grass-Fed,” “Free-Range,” “Raised
Minnesota Attorney General Takes Action Against Businesses that Market Nicotine Products to Minors
Billions of dollars are spent each year on tobacco marketing expenditures. With the increasing use of e-cigarette products, businesses may feel tempted to expand their marketing to other audiences, including minors.
Considering recent marketing developments, there are laws in place which offer protections and attempt to shield minors from dangerous advertising practices. Although it’s illegal
FDIC Advertising Requirements
Late last year, the Federal Deposit Insurance Corporation (“FDIC”) announced that it had adopted a Final Rule designed “to modernize the rules governing use of the official FDIC signs and advertising statements, and to clarify the FDIC’s regulations regarding false advertising, misrepresentations of deposit insurance coverage, and misuse of the FDIC’s name or logo.” The