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Business Blog

Mind the gap: What Lumosity promised vs. what it could prove

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Ads for Lumosity’s “brain training” program made it sound simple. Play games for 10-15 minutes several times a week to delay memory decline; protect against dementia and Alzheimer’s disease; improve...
Business Blog

2015’s top-pick topics: A 10-tative list

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2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in...
Business Blog

5 principles to help keep your health claims healthy

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The marketers of products as diverse as dietary supplements, mobile apps, cosmetics, and apparel may not think they have much in common. But if they make health-related representations, they all need...
Business Blog

Performing seals

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You don’t need to go to a water park to see performing seals. You can spot them on websites where they perform the function of conveying information about the purported environmental benefits of...
Business Blog

Mything the point: 6 (OK, maybe 7) myths about endorsements

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If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed...
Business Blog

When buzz goes bad

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It’s one thing to create buzz about a product. But fail to disclose a material connection between an endorser and an advertiser and that buzz can wind up stinging you. That’s the message of an FTC...
Business Blog

The Shipping News and Reviews

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Consumers often first go to online review sites when they are thinking about buying a product or hiring a service provider. As a result, most businesses are concerned about managing their online...
Business Blog

Spilling the beans: The anatomy of a diet craze

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Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey...
Business Blog

When silence isn't golden

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Silence may be golden, but not for the parents of kids with speech disorders. Illinois-based NourishLife marketed two dietary supplements, Speak and Speak Smooth, advertised as the answer for kids...
Business Blog

The FTC's TRUSTe case: When seals help seal the deal

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People who aren’t into marketing jargon might not know a “credence claim” from a Creedence Clearwater Revival, but experts tell us it’s a representation about a product that consumers aren’t in a...
Business Blog

Shape up your shapewear claims

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We can’t vouch for the accuracy of Shakira’s representation that “Hips Don’t Lie.” But the FTC says anti-cellulite and slimming claims for caffeine-embedded underwear sold by lingerie company Wacoal...
Business Blog

Keep your Made in USA claims red, white, and true

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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...
Business Blog

FTC says diaper claims didn't pass the smell test

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What do dirty diapers and deceptive ads have in common? (We’ll pause a moment so you can add your own punch line.) Now that’s out of the way, the action against Portland-based Down to Earth Designs –...
Business Blog

FTC to mattress companies: Don't pad your green claims

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If you or your clients make environmental marketing claims, don’t sleep on three actions the FTC just announced against companies that sell mattresses. What's more, the pleadings in one case offer...
Business Blog

Speaking of Spokeo: Part 3

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The terms of the FTC’s Spokeo settlement apply just to Spokeo, but that case and other recent law enforcement actions offer insights for a much broader audience. Consumer reporting agencies. Sure...