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Deal or no deal? FTC challenges yo-yo financing tactics

Lesley Fair
Not many kids play with yo-yos these days, but an FTC complaint against nine related Los Angeles-area car dealers charges that the companies engaged in (among other things) illegal yo-yo financing practices – and for affected consumers, it was no game. Even if you don’t have clients in the auto industry, this case merits your attention. Additional allegations regarding phony online reviews, misleading add-ons, and deceptive advertising illustrate...

Negative options – make them a positive

Lisa Weintraub Schifferle
There’s no such thing as a free lunch. That’s what consumers who signed up for NutraClick’s “free” samples learned. But what can your business take away from the FTC’s settlement with NutraClick? If your company is considering offering a negative option program, and wants it to be a positive experience, you’ll want to read on. Maybe you’ve heard of NutraClick. They sell nutritional supplements and beauty products including Force Factor, Peak Life...

Ad libraries and app developers, check out this advice

Andrea Arias
Researchers report that 72% of American adults now own a smartphone and when they’re on their phones, 89% of their time is spent on apps. An analysis of how app developers generate revenue raises some interesting issues that touch on consumer privacy. How do app developers make money? Some sell their apps directly to users. Others offer in-app purchases. A third business model is to generate revenue from ads. To facilitate that, app developers...

The NIST Cybersecurity Framework and the FTC

Andrea Arias
We often get the question, “If I comply with the NIST Cybersecurity Framework, am I complying with what the FTC requires?” From the perspective of the staff of the Federal Trade Commission, NIST’s Cybersecurity Framework is consistent with the process-based approach that the FTC has followed since the late 1990s, the 60+ law enforcement actions the FTC has brought to date, and the agency’s educational messages to companies, including its recent...

Mars Petcare in the doghouse for deceptive claims about Eukanuba

Lesley Fair
“It’s a dog’s life,” they say – and according to Mars Petcare, its Eukanuba brand of dog food could extend dogs’ lives by 30%. But the FTC alleges that Mars made misleading representations about the products’ life-extending benefits and falsely claimed that scientific tests supported what the company said. Mars Petcare US, a wholly-owned subsidiary of Mars, Inc., sells some of the biggest brands in the dog food business. Eukanuba’s ads featured...

It’s no longer business as usual at Herbalife: An inside look at the $200 million FTC settlement

Lesley Fair
Multi-level marketer Herbalife will pay $200 million back to people who were taken in by what the FTC alleges were misleading moneymaking claims. But when it comes to protecting consumers, that may not be the most important part of the just-announced settlement. What could matter more than $200 million? An order that requires Herbalife to restructure its business from top to bottom – and to start complying with the law. Advertising in English and...

What happens when the sun sets on a smart product?

Jessica Rich, Director, FTC Bureau of Consumer Protection
The Internet of Things refers to consumer products that connect to the Internet to send and receive data – everything from fitness devices, wearables, and smart cars to connected smoke detectors, light bulbs, and refrigerators. These new products bring enormous benefits to consumers – including the ability to track and share their vital signs with care providers without having to go to a doctor’s office, turn off the burglar alarm and turn on the...

FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game

Lesley Fair
In the popular video game Shadow of Mordor, players don’t just randomly slash, hack, and pillage. They battle specific opponents through a feature known as the Nemesis System. In the FTC’s lawsuit against Warner Bros. Home Entertainment, truth in advertising had a nemesis: paid pitches for Shadow of Mordor that Warner Bros. deceptively claimed were independent reviews. And read on for a startlingly candid statement by one of those influencers. To...

Sun sets on Sunrise Nutraceuticals’ unproven claims to beat opiate addiction

Lesley Fair
For people struggling with opiate addiction – and the family and friends who love them – the claim that Elimidrol would let them “permanently overcome withdrawal – the first time” sounded like the miracle they’d been hoping for. But according to a lawsuit filed by FTC, it was just another broken promise. A settlement with Sunrise Nutraceuticals, the Boca Raton-based business behind Elimidrol, will require the company to have appropriate...

One truth to take from the Trudeau story

Lesley Fair
Recently, the FTC sent hundreds of thousands of refund checks to people who bought the book The Weight Loss Cure “They” Don’t Want You to Know About by pitchman Kevin Trudeau. Court decisions have established there wasn’t much truth in Mr. Trudeau’s advertising claims, but the story behind the law enforcement actions underscores one fundamental truth: the FTC’s commitment to effective order enforcement. Kevin Trudeau is no stranger to the FTC. He...