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Key Takeaways:

  • On April 12, 2022, the Federal Trade Commission (FTC) used its authority under the new Made in USA Labeling Rule to bring a complaint against a battery seller for allegedly misrepresenting that its lithium ion cells were made in the USA, seeking over $100,000 in penalties.
  • The Made in USA Labeling Rule codified pre-existing Made in USA guidance and was enacted in August 2021 to allow the FTC to more easily seek monetary penalties in connection with Made in USA violations.


Continue Reading FTC Seeks to Enforce “Made in USA” Labeling Rule in Complaint Against Battery Seller

On March 18, 2022, the U.S. Department of Justice (DOJ) issued new guidance (Web Accessibility Guidance) advising state and local governments and businesses open to the public on how to make their websites accessible to people with disabilities, based on the understanding that the Americans with Disabilities Act (ADA) applies to web content. The Web Accessibility Guidance represents the latest articulation of the DOJ’s position on this issue, and it may portend future regulatory enforcement and rulemaking activity in the web accessibility space.

Continue Reading Justice Department Issues ADA Web Accessibility Guidance

Key Takeaways:

  • The Federal Trade Commission (FTC) issued two new guides for platforms and marketers to help ensure transparency in online reviews and address soliciting, moderating, and reporting reviews, and the use of third-party “reputation boosting” services.
  • The FTC has actively enforced against companies responsible for publishing deceptive reviews and blocking honest reviews, and recently announced a proposed $4.2 million settlement with online retailer Fashion Nova over the retailer’s practice of review-gating.


Continue Reading FTC Guidance for Platforms and Marketers Utilizing Online Customer Reviews

Jason Howell and Amanda Beane talk with Janis Kestenbaum, partner at Perkins Coie and former Federal Trade Commission (FTC) attorney, about the makeup and direction of the FTC as it relates to advertising and marketing law. They focus on how the aggressive tendencies of the current commission will affect marketing and advertising-related enforcement trends.

Key updates:

  • The U.S. Court of Appeals for the Eleventh Circuit has declined to reconsider its decision to vacate the trial court’s judgment in Gil v. Winn-Dixie Stores, Inc., ending litigation on one of the most significant website accessibility cases in the country. See our recent blog post regarding previous developments.
  • On February 28, 2022, almost 200 advocacy groups, led by the American Council of the Blind and others, published a “Joint Letter to Enforce Accessibility Standards” to the head of the U.S. Department of Justice (DOJ) Civil Rights Division.


Continue Reading Eleventh Circuit Denies Rehearing in ADA Website Accessibility Case

In November and December 2021, the U.S. Department of Justice entered into settlement agreements with two private companies and one public entity addressing website accessibility, signaling increased enforcement activity in this area. This update provides more information about the settlement agreements and DOJ’s approach to website accessibility.

Click here to read the full update.

Key Takeaways:

  • The U.S. Court of Appeals for the Eleventh Circuit recently vacated its April 2021 opinion holding that websites do not constitute places of public accommodations under Title III of the Americans with Disabilities Act (ADA).
  • Prior to this decision, the Eleventh Circuit was the only federal circuit court of appeal to explicitly hold that Title III of the ADA does not apply to websites, although federal courts are split as to whether Title III extends only to websites with a “nexus” to a physical location or to stand-alone e-commerce sites.
  • In 2021, as in other recent years, thousands of website accessibility cases were filed and an untold number of demand letters were received by businesses. Businesses should consider digital accessibility and ways to reduce risk of claims.


Continue Reading Eleventh Circuit Vacates Ruling That Websites Are Not Public Accommodations Under the ADA

The new Self-Regulatory Guidelines for Children’s Advertising (the Guidelines) issued by the Children’s Advertising Review Unit (CARU) went into effect on January 1, 2022. The Guidelines apply to advertising that is primarily directed at children under the age of 13 in any medium. CARU will monitor child-directed advertising and media for compliance with the Guidelines