April 30, 2020

Advertising Law News and Analysis

3 min

FTC Settlement Underscores Importance of Pricing Disclosures for Lease-to-Own Companies

A major point-of-sale financing and leasing company and the Federal Trade Commission (FTC) have reached a proposed settlement to resolve an investigation into whether the company's practices and representations to retail consumers violated the FTC Act. The announcement of the settlement highlights the importance of disclosing all material pricing terms to consumers, including in an e-commerce environment and, for point-of-sale financing companies, reviewing and synchronizing their promotional messages with retail partners. The settlement also revealed disagreements among the Commissioners on issues of individual liability and the proper measure of monetary relief.

Truth or Consequences: The Multiple Perils of False Advertising

A recent decision involving both antitrust and Lanham Act claims sheds light on the risks of false advertising. On March 23, 2020, the District Court of Colorado granted and denied in part Johns Manville's (JM) motion to dismiss Chase Manufacturing's (Chase) complaint alleging that JM violated the Sherman Act by engaging in tying and monopolization and the Lanham Act for false advertising. Both JM and Chase sell calcium silicate, known as calsil, which insulates pipes, tanks, and other equipment in industrial facilities. JM accounts for the majority of the domestic calsil market.

Lead Generation Compliance and Regulation in Today’s World. Who’s Minding the Store?

Venable attorney Jonathan Pompan joined LeadsCon's Warren Pickett on the LeadsCon Industry Insider podcast episode, "Lead Generation Compliance and Regulation in Today's World. Who's Minding the Store?" to discuss current lead generation advertising compliance issues. With government, the private sector, and the daily news cycle engulfed by all things related to COVID-19, speakers discussed amongst other topics, what the pandemic means for privacy, protection, and regulations related to the lead-gen industry, and how companies are positioning their compliance efforts in the face of new work environments.

FTC Continues Consumer Protection Efforts with More COVID-19 Warning Letters

The FTC continues to devote substantial time and attention to its enforcement battle against companies seeking to take unfair advantage of consumers amid the COVID-19 pandemic. This week, the FTC announced its latest round of warning letters to ten companies making unsubstantiated claims that their products can treat or prevent the disease.

IP Enforcement and Covid-19: Five Things to Know About Protecting IP Rights on Amazon

The COVID-19 crisis has made protecting intellectual property rights from infringement on Amazon more important than ever. With people forced to stay home and retail stores closing across the country, sales on Amazon have surged. In this climate of increased sales, IP rights owners must be especially active in enforcing their rights against Amazon sellers of infringing products. Fortunately, Amazon provides a number of tools that rights owners can use to monitor for infringement and seek removal of infringing listings.

Venable's COVID-19 Resources

Explore our collection of timely and relevant alerts, webinars, and news as global preparations for the impact of COVID-19 continue.