Yesterday, we covered
President Trump’s firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter and explored
whether a two-member Commission constitutes a quorum for the agency to take formal action.
Today, we take a look at the FTC’s first 50 days under Chair Andrew Ferguson, reflecting on key developments and early insights relating to
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NAD Considers Whether “Number 1” Claims Can be Qualified
DREO advertises that it is the “No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the “number 1” brand in both of those categories. Because there can’t be two “number 1” brands, Lasko filed a challenge before the NAD to dispute its competitor’s claims.
In…
Can Two FTC Commissioners of the Same Party Constitute a Quorum?
Yesterday, President Trump fired the two Democratic members of the Federal Trade Commission, Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter. President Trump’s action leaves Chair Andrew Ferguson (R) and Commissioner Melissa Holyoak (R) as the only two members of the Commission, which has many wondering: can the FTC take formal action by a 2-0 vote…
Firings of Democratic Commissioners Leave FTC In Flux and Tee Up Revisiting of Humphrey’s Executor
As news hit last night that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals? (The answer there appears to be an emphatic yes – with both issuing statements last night to that effect.) Another question: what will this…
NAD Combs Through #1 Claims
Simpler Hair Color (or “SHC”) advertises that its products are “Rated #1 Men’s Hair Color” and “Rated #1 Men’s Hair & Beard Color” based on “Trustpilot.com verified reviews.” Combe, a competitor, challenged the #1 claims before the NAD, arguing that the claims are unsubstantiated because Trustpilot doesn’t have a “Men’s Hair Color” category and that…
Kansas Seeks to Stop Ford County From “Usurping” its Sovereignty
In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent “all persons or entities” in 35 states who purchased relevant plastics since 1990. In a prior complaint
relating to these same issues, Ford County declared that the “plastics problem” requires a “a national, 50-state solution,”…
Two Class Actions Take a ShOt at Substantiation for Lemme’s GLP-1 Daily Supplement
By Katie Rogers
Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively. The complaints bring parallel causes of action under the California and New York consumer fraud statutes against Kourtney Kardashian’s “Lemme GLP-1 Daily,” a…
CPPA Drives Home Enforcement Priorities in CCPA Settlement with Honda
On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co., resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and requiring Honda to pay a $632,500 fine. The announcement marks the Agency’s most far-reaching enforcement action, and the first to stem from the…
"Junk Fee" Legislative Roundup – 2025 Edition
2024 was an action-packed year for followers of federal and state laws and regulations governing the disclosure of fees, or so-called “junk fee” laws. In the waning days of the Biden administration, the FTC released a significantly narrowed version of its initial proposed rule that would apply exclusively to the sale of live-event tickets and…
New York AG Settles with School Calendar App, Saturn
This week, New York Attorney General Letitia James announced
a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but allegedly did not deliver on its claims. The Assurance of Discontinuance (AOD) states that Saturn’s actions constituted violations of New York’s Executive Law 63(12) and…