Perkins Coie

Subscribe to Perkins Coie's Posts

The Federal Trade Commission (FTC) recently issued Health Products Compliance Guidance (the Health Guides). The Health Guides replace prior FTC guidance issued in 1998 that largely focused on dietary supplements. The new guidance addresses advertising practices for a broader range of products, namely “any health-related product,” including foods, over-the-counter drugs, homeopathic products, devices, health equipment…

Another new year begun, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. We share our picks for the top five U.S. marketing law topics that deserve your attention in 2023.

On April 28, 2020, the FTC announced a preliminary order in a civil enforcement action against a supplement manufacturer that allegedly made false and unsubstantiated claims regarding COVID-19 and cancer. Specifically, the FTC alleged that Whole Leaf Organics had marketed its “Thrive” product as an “anti viral wellness booster” that treated, prevented, or reduced the risk of COVID-19. The FTC also alleged that Whole Leaf Organics marketed three products containing cannabidiol (CBD) as effective cancer treatments.
Continue Reading More FTC Civil Enforcement for COVID-19 and CBD Cancer Treatment Claims

The FTC has announced a settlement with furniture and houseware seller Williams-Sonoma, requiring it to cease making unsubstantiated “Made in USA” claims about its products and pay $1 million to the FTC.

Williams-Sonoma previously received a warning letter from the FTC in 2018 regarding its “crafted in America from local and imported materials” mattress pad claims because the pads were purportedly crafted in China.  Williams-Sonoma promptly corrected its advertising and agreed to review their country-of-origin verification process.  In response, the FTC closed the matter without further action.
Continue Reading $1 Million Settlement Announced in FTC’s “Made in USA” Enforcement Against Williams-Sonoma

Two brothers in Tennessee made national news in early March after cleaning out local stores of products in high demand because of COVID-19 in order to sell them for exorbitant prices on online marketplaces.  In the end, however, both Amazon and eBay implemented policies resulting in some or all listings involving price gouging being pulled from their platforms, so the pair was left with a garage full of nearly 18,000 bottles of sanitizer and an investigation into their activities by the Tennessee Attorney General’s. …
Continue Reading Private Companies and Government Regulators Crack Down on Coronavirus-related Price Gouging

On March 26th Federal Trade Commission (FTC) Chairman, Joe Simons, issued a statement regarding the FTC’s continuing efforts to protect consumers during the coronavirus pandemic. The statement came the day before nearly three dozen bipartisan senators signed a letter asking the FTC to clarify what efforts were being taken to prevent COVID-19-related fraud targeting consumers, particularly the elderly.
Continue Reading FTC Statement On Coronavirus Enforcement

The FDA and FTC recently issued joint warning letters to seven sellers of products that claimed to treat or prevent “Novel Coronavirus Disease 2019,” known as COVID-19.

According to FDA Commissioner Stephen Hahn, “The FDA considers the sale and promotion of fraudulent COVID-19 products to be a threat to the public health.”  FTC Chairman Joe…