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Companies that sign settlements with the FTC need to know that those documents contain consumer protection provisions enforceable in court. That’s the message of a motion for contempt just filed against Bayer Corporation by the Department of Justice and the U.S. Attorney’s Office for the District of New Jersey, with the assistance of the FTC. The action stems from a massive campaign Bayer runs for Phillips’ Colon Health. Packaging, TV commercials...

The polar bears and penguins sold within kids’ apps offered in the Google Play Store may have been virtual, but the unauthorized charges Moms and Dads got stuck with were all too real. A proposed FTC settlement will refund at least $19 million to parents whose accounts were charged illegally, according to the complaint, and will implement enforceable changes in how Google handles in-app purchases. Of course, the order applies just to Google, but...

With a product name like “Your Baby Can Read!” – exclamation point in the original – it didn’t take long for consumers to figure out what the marketers were promising. The company’s massive ad campaign featured 14-month-olds mastering vocabulary flashcards, two-year-olds reading books, and an array of charts, graphs, and studies purporting to show that Your Baby Can Read! was scientifically proven to work. The FTC filed suit in 2012, citing...

"A-B-C. Always be closing." "As you all know, first prize is a Cadillac El Dorado. Second prize is a set of steak knives. Third prize is you're fired." "These are the new leads. The Glengarry leads. To you, they're gold. But you don't get them. Why? Because they're for closers." Not much compares to the crackling dialogue of a David Mamet play. But one worthy contender is an order by a federal judge in Atlanta entering a compensatory sanction...

The 2011 science fiction movie “The Adjustment Bureau” dealt with a dystopian future (Is there any other kind in sci-fi movies?) where mysterious forces plot against individuals. But for many consumers, Regional Adjustment Bureau, a Memphis-based debt collector, made their day-to-day reality just as dystopic. An FTC lawsuit against the company – and a separate action against Credit Smart, LLC, headquartered in Suffolk County, New York – reminds...

Acc-cen-tuate the positive. Eliminate the negative. Latch on to the affirmative. And don't mess with Mr. In-Between. That's how the catchy Bing Crosby-Andrews Sisters number went in the 40s. When it comes to negative options now, the message for marketers is to explain things positively. The FTC has a process in place for reviewing rules and guides. Think of it as regulatory spring cleaning. We consider how times or technology have changed, and...

There sure are a lot of seals out there. The British singer. The Navy special ops unit. The aquatic mammal. But the seals that matter to the FTC are certifications that convey representations consumers might not be able to evaluate for themselves. If your company makes Made in the USA claims, you’ll want to “Get Closer.” (And yes, that was a hit by 70s folk rockers, Seals and Crofts.) Ohio-based Made in the USA Brand markets a U.S.-origin seal...