State AGs step up enforcement, federal agencies eye the supplements industry, and more in this issue of Advertising Law News & Analysis

State AGs Stepping Up Enforcement

It may be tempting to view changes at the FTC or the presidential administration's aggressive efforts to roll back federal regulations as a signal that consumer protection enforcement will become more lax in the near future. However, state attorneys general and California district attorneys, who have the same enforcement powers as state AGs, have always taken an aggressive stance toward consumer protection issues. In the most recent edition of Electronic Retailer magazine, Venable attorneys Ari Rothman and Shahin Rothermel examine just a few of the areas in which several states have stepped up the resources devoted to consumer protection enforcement.

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FDA, FTC Eyeing Supplement Industry

Senior officials of the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) recently invited the public to submit complaints or concerns about dietary supplements. The agencies also signaled that they will work together on enforcement matters. In a recent client alert, Venable partner Michael Blume writes that federal government agencies don't always play well together, especially when it comes to enforcement. When agencies signal to an industry that they are coordinating their enforcement efforts, he writes, that industry had better pay attention.

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Digital Experiences Spawn Real Legal Issues

Brands are increasingly using augmented reality (AR) and virtual reality (VR) to create immersive digital experiences for consumers. However, brands that jump into AR/VR projects without considering the associated IP, privacy, and truth-in-advertising issues can quickly find themselves immersed in legal liability, write Venable attorneys Shannon Yavorsky and Kimberly Culp in a recent blog post.

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From the Tool Kit

State attorneys general have the authority to bring actions on behalf of consumers or the public in almost any area of law. In the most recent edition of the firm's Advertising Law Tool Kit, Venable attorneys Mark Pryor and Doreen Manchester provide strategies marketers should consider to limit the likelihood of an AG inquiry, as well as tips for preparing and responding to an inquiry, should one occur.

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