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As we’ve previously reported, FTC practitioners and businesses alike have been anxiously awaiting details about the rule that will prohibit purportedly deceptive practices in connection with reviews and testimonials. Our readers likely recall the FTC’s advance notice of proposed rulemaking from November 2022, the notice of proposed rulemaking from June 2023, and the informal hearing on the proposed rule which occurred in February 2024. The wait is finally over: just yesterday, August 14, 2024, the agency announced the “Rule on the Use of Consumer Reviews and Testimonials” (the “Rule”). The final Rule, which the Commissioners unanimously approved, is a formal step to address alleged ongoing non-compliance with Section 5 of the FTC Act and the agency’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), particularly in the consumer review space.Continue Reading Final Rule Announced: The FTC Strengthens Its Enforcement Capacity Against “Deceptive” Reviews and Testimonials

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

As we proceed through July, the FTC continues to bring the summer heat in cracking down on the advertising practices of cannabis manufacturers, and on the possible anti-competitive effects of serial acquisitions and roll-up strategies.  All this, and more, after the jump.Continue Reading FTC Updates (July 15-19, 2024)

mocra white paper blog

A warning letter posted by the Food and Drug Administration (FDA) on June 18, 2024 offers a first glimpse into how FDA may enforce its new regulatory scheme for products that fall within the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)’s purview. While MoCRA was enacted in December 2022 and many of its provisions became enforceable on December 29, 2023, until now, many have wondered how FDA will exercise its new enforcement powers.Continue Reading FDA Unveils Its “First Look” Into How It Will Enforce MoCRA

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Crowell & Moring LLP has a comprehensive Retail Law Practice representing a broad spectrum of retail clients, including specialty retailers, department stores, and big-box retailers across the United States and internationally. Our services encompass a wide range of litigation and transactional services, as well as an international counseling practice. Our success is demonstrated by our…