On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission (“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and his company Quickwork LLC (the “Defendants”) for violating the new COVID-19 Consumer Protection Act. In the complaint, the
Renee B. Appel
Seyfarth Attorneys Present to the Association of National Advertisers’ Brand Activation Legal Committee
Seyfarth attorneys Renée Appel, Tracee Davis, Tonya Esposito, Joe Orzano, Jeremy Schachter, John Tomaszewski, and Ken Wilton will present at the Association of National Advertisers’ Brand Activation Legal Committee meeting on December 17, 2020.
The team will present on the following topics:
- Updates in false advertising litigation, including, consumer class actions, Lanham Act litigation, and
From Brick & Mortar to the Web: An Overview of Federal Laws and Regulations to Consider When Operating an E-Commerce Business
Long before COVID-19 affected retail companies had already started shifting to e-commerce platforms, marked by retail giants exclusively in the e-commerce space. Even banks acknowledged this trend, by no longer offering cash-back credit rewards for just gas and grocery purchases, but for online purchases too. Now, as COVID-19 affects a growing number of retail stores,…
Influencer Disclosure Update 101, Courtesy of the FTC
Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media.
For the last several years the Federal Trade Commission has been addressing the misleading marketing of consumer goods through social media influencers. At the beginning of this month, the FTC reinforced its concern with social media influencers by publishing a …
US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics
Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising.
As the cosmetic industry moves on to new marketing lingo connoting healthier and safer cosmetics, including “clean beauty,” “sustainable,” “vegan,” and “pure,” New York Representative Sean Patrick Maloney introduced the Natural Cosmetics Act…
FTC Proposes No-Money, No-Fault Settlement With Cosmetics Company Over False Customer Reviews
Seyfarth Synopsis: FTC publishes proposed consent order with cosmetic company that posted fake customer reviews but some FTC commissioners place doubt on its effectiveness because there is no financial penalty.
Earlier this year, we reported that fake news consumer reviews was on the federal regulators’ radar, especially with the passage of the Consumer Review Fairness
Win Some, Lose Some: Trump Gets a Loss and a Win in the Fight to Control the CFPB
Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB.
Last week, the Trump Administration experienced mixed results in the ongoing litigation over the Consumer Financial Protection Bureau (“CFPB”). As we’ve mentioned in our prior publications, there are several actions pending that involve the President’s authority to control the CFPB. The first action discussed below, which had been languishing in the court for some time, raised the issue of whether the CFPB’s structure as an independent agency is constitutional. The Trump Administration lost on this issue for the moment. In the second action, the Trump Administration dodged, at least temporarily, a challenge to President Trump’s appointment of current CFPB Director Mick Mulvaney because the court determined that the plaintiff, a non-profit credit union, had no standing to bring its case.
Continue Reading Win Some, Lose Some: Trump Gets a Loss and a Win in the Fight to Control the CFPB
D.C. Circuit to Hear Appeal in Fight to Control CFPB
Seyfarth Synopsis: A federal judge on Wednesday denied a request to remove Mick Mulvaney as the CFPB’s acting director, finding that the President has authority to appoint the acting director despite former CFPB Director Cordray’s attempt to handpick his successor.
On January 10, 2018, Judge Timothy Kelly of the U.S. District Court for the District…