This week, the FTC cracked down on day-trading investment advertising and Chair Khan discussed the agency’s enforcement priorities, including the proliferation of non-compete agreements. The Commission tentatively announced it will discuss expansive changes to the Telemarketing Sales Rule at its April 28 Open Commission Meeting. These stories and more after the jump.
Continue Reading FTC Updates (April 18-22, 2022)

This week, the FTC announced that it reached settlements with a state real estate board and an international online business coaching organization. It also announced that millions of dollars in refunds would be made available following a win at trial against a private website attempting to assist consumers with government services. The conduct ranges from allegedly anticompetitive behaviors in violation of Section 5 of the FTC Act as well as false and deceptive marketing and advertising practices. These stories and more after the jump.
Continue Reading FTC Updates (April 1-8, 2022)

Friday, February 18, 2022

Bureau of Competition: Endorsements, Influencers, and Reviews

The FTC is refunding more than $580,000 to consumers across the country who bought indoor TV antennas and signal amplifiers marketed online with allegedly deceptive claims that the products would allow the consumers to cancel their cable service and still receive their preferred channels for free. The March 2021 complaint alleged that Wellco, Inc. and its owner and CEO, George M. Moscone violated the FTC Act by making deceptive performance claims for their antennas and signal amplifiers and using deceptive consumer endorsements and web pages that looked like objective news reports. The products were sold online under the brand names TV Scout, SkyWire, SkyLink, and Tilt TV.
Continue Reading FTC Updates (February 14-18, 2022)

You may have seen the commercial on late night television. A glowing image of a human brain appears (along with a disclosure stating “dramatization”), with flashing lights pulsing through a crisscrossed mesh, depicting nerves. The voiceover intones, “Your brain is an amazing thing. But as you get older, it begins to change, causing a lack of sharpness or even trouble with recall.” So far, so good. Who, of a certain age, hasn’t experienced these symptoms?

The voiceover continues: “Thankfully, the breakthrough in Prevagen helps your brain and actually improves memory.” The flashing lights grow stronger and zoom more quickly across the neural net. “The secret is an ingredient originally discovered in jellyfish. In clinical trials, Prevagen has been shown to improve short term memory. Prevagen, the name to remember.”

A screen shot of the key frame, showing a graph of what appears to be recall improvement over time appears, along with a disclosure that states that “in a computer assessed, double-blinded, placebo controlled study, Prevagen improved recall tasks in subjects.”

© Prevagen


Continue Reading Quincy Biosciences: What the decision means for advertising of health claims, and what it means to the FTC