September 13, 2018

Advertising Law News and Analysis

2 min

FTC Tweetstorms (Part One)

No one in law school ever mentioned that social media was required professional reading. However, in a recent blog post, Venable partners Amy Mudge and Randy Shaheen write that Twitter has become quite interesting lately when it comes to the Federal Trade Commission (FTC). One recent flurry of tweets, they write, provides interesting insight into how the sausage is made at the Commission, and the priorities of at least the two Democratic commissioners and perhaps those of the Commission as a whole.

FTC Tweetstorms (But Wait, There’s More)

The ink was barely dry on the blog post above when FTC commissioners unleashed another wave of tweets, this time over the remedies in three "Made in USA" cases. Perhaps the most notable takeaway, write Venable partners Randy Shaheen and Amy Mudge in a recent blog post, was Commissioner Simons noting that the FTC has already begun a "broad review of whether we are using every available remedy as effectively as possible" and that the FTC may well provide forward-looking guidance as to what new or previously infrequently used remedies it intends to deploy.

Internet Vendors Need to Pay Attention to these States

Companies that sell goods and/or services over the internet should evaluate whether the recent Supreme Court decision in South Dakota v. Wayfair will now require them to begin collecting sales and use taxes in states where they have not previously done so, write Venable attorneys Walter Calvert and Tammara Langlieb in a recent blog post. Several states currently have economic nexus standards similar to that approved in Wayfair, and that list can be expected to grow. The post includes a chart that breaks down states that currently have a Wayfair-like economic nexus standard and lists the threshold requirements for each state.

From the Tool Kit

Consumers love to buy products that make "Made in USA" claims – almost as much as the FTC and some state attorneys general love to scrutinize those claims. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Amy Mudge and Randy Shaheen provide a checklist to help marketers mitigate Prop 65 risk.