Listen to Episodes 4 and 5 of Venable's Ad Law Tool Kit Show Podcast – "Green Claims" and "Litigation Trends in Privacy Law"
Episode 4: Protecting the environment and practicing social responsibility not only benefit the planet, but also provide a compelling value proposition. The Federal Trade Commission (FTC) has issued detailed guidance for marketers about how to substantiate green claims, and states are increasingly passing laws governing environmental advertising.
Episode 5: Data breaches, cookie banners, chatbots, pixel tracking, and biometrics are just some of the trends in privacy law that are keeping litigators busy. Many technologies that are necessary to operate a website have become hot areas of litigation. But there are more trends, and more questions.
The Massive Change in FTC's "Click to Cancel" Rule and California's Updated Law That Nobody Is Discussing: A Fast VAST Update
Many alerts and articles discussing the FTC's updated Negative Option Rule and the Amendments to California's Automatic Renewal law have focused on the stricter consent and cancellation requirements. But very few have addressed the elephant in the room: the FTC's Rule and California law both provide new rights of action where companies could face multi-millions of dollars in liability for making allegedly false, unsubstantiated, or misleading claims about the underlying products or services.
Green Claims: An Excerpt from the Advertising Law Tool Kit
Protecting the planet against climate change is a social movement—and big business. The Federal Trade Commission (FTC) has issued detailed and specific guidance for marketers about how to substantiate so-called green claims. Unsubstantiated green claims have been, and will continue to be, an enforcement priority. The FTC has sought comments on updates to the Green Guides, and new Guides are likely to be issued in 2024. State laws have also been passed that regulate specific "green" claims, which regulators have begun aggressively enforcing. Furthermore, plaintiffs' class action lawyers are focusing on green claims across a variety of industries, from transportation to cosmetics.
Business Groups Rush to File Federal Court Challenges to the FTC's Negative Option "Click-to-Cancel" Rule
As we previewed recently, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission's (FTC) Final Negative Option Rule. The Michigan Press Association and the National Federation of Independent Businesses filed a petition challenging the rule in the Sixth Circuit Court of Appeals, while a separate petition was filed by multiple trade associations in the Fifth Circuit.