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Navigating the world of kids’ marketing: Best Practice Principles from ICPEN

Stacy Feuer, Assistant Director for International Consumer Protection, FTC
As parents know, kids spend a huge amount of time online, especially now with COVID-19 school and camp closures. They get ideas from influencers on social media and video platforms, make purchases on their smartphones, and influence a lot of family spending. This phenomenon is not limited to the U.S. alone. Recent data from the Organization for Economic Co-operation and Development shows that, on average, kids around the world spend at least...

Loot boxes: What’s in play?

Lesley Fair
If you’re unfamiliar with loot boxes, you probably don’t have clients in the video game industry, aren’t a gamer yourself, or aren’t the parent of one. But for the millions of people who have been following the national – and international – conversation on the subject, the FTC just issued a Staff Perspective on its workshop, Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes . The workshop gathered consumer advocates, industry...

20 more warning letters tell companies to cut out unproven COVID-19 claims

Lesley Fair
Coronavirus claims for zappers, virus-busting cards, sage, oregano, and bay leaves are among the representations called into question in the latest round of warning letters sent by FTC staff . With the total closing in on 300, the letters make it clear that companies need to clean up their claims about preventing or curing COVID-19. Here are the products and promises that have raised the most recent concerns. The1VirusBuster. Citing statistics on...

The hearing may be virtual, but the rules are the same

Daniel Francis, Bureau of Competition
It is generally a serious violation of our rules for counsel to pass private notes to a witness in an investigational hearing or deposition, or otherwise coach or consult with a witness, while a question is pending. 16 CFR 2.9(b)(1). Happily, violations of this rule are very rare. But, with the recent shift to remote depositions and hearings , we want to remind the bar that neither this rule nor our vigilance in enforcing it have been relaxed...

Real deadlines and real consequences

Maribeth Petrizzi, Bureau of Competition
Recently, Alimentation Couche-Tard and CrossAmerica Partners (collectively ACT) agreed to pay a $3.5 million civil penalty to settle allegations that they violated a Commission divestiture order that was designed to prevent their merger from harming consumers. A close read of the Commisson’s action in this case yields some timely advice for any company that is subject to a divestiture order. Any deadline in a Commission order is a “real” deadline...

Selling COVID-19 protective equipment? Honor your shipping promises.

Lesley Fair
Consumers and small businesses want personal protective equipment now. So when companies advertise those items online with promises of in-stock merchandise and fast shipping, those claims may be the difference between a big sale and no sale. The FTC just filed three cases alleging that marketers violated the Mail, Internet, and Telephone Order Rule and the FTC Act by – among other things – failing to have a reasonable basis to support their...

Protecting small businesses seeking financing during the pandemic

Andrew Smith, Director, FTC Bureau of Consumer Protection
Small businesses are a critical part of the U.S. economy, providing opportunity and employment to consumers across the country. Unfortunately, the current health crisis has brought financial strain to small businesses and their ability to secure the financing they need to survive. So now more than ever, struggling businesses and their owners need protection from deceptive and unfair practices. And the FTC is working swiftly to provide it. Since...

FTC to advertiser: Where’s your proof for COVID-19, cancer, and Parkinson’s Disease “treatment” claims?

Lesley Fair
Golden Sunrise Nutraceutical and related company Golden Sunrise Pharmaceutical sell “plans of care” – regimens of health-related products – advertised to treat COVID-19 and other serious medical conditions. The FTC has gone to court in an effort to see the sun set on what it alleges are Golden Sunrise’s deceptive claims. The just-filed case also sends an important message to the hundreds of companies like Golden Sunrise that have received FTC...

Buckle up for a two-lane look at car buying

Lesley Fair
It’s one of the biggest purchases people make, but two new FTC staff reports examine some common pitfalls when consumers are in the market for a car. Buckle down and read the Bureau of Consumer Protection’s Buckle Up: Navigating Auto Sales and Financing , which focuses on the challenges buyers face in getting accurate, understandable information when shopping for a vehicle. Not in the auto business? Not so fast. The deep-dive analysis of Buckle...

Button up your coating claims before making energy representations

Lesley Fair
Ask consumers what would make their lives easier and some lists might include a more comfortable home and lower bills. Four cases just filed by the FTC challenge allegedly deceptive R-value, energy-savings, or money-savings claims by unrelated companies that sell a variety of architectural coatings for houses and other structures. First, a little R-value R-efresher. Most consumers are out in the cold when it comes to evaluating insulation claims...