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IP & Regulatory Law Blog Reflections of a former regulator on FTC and IP issues

Category Archives: FTC

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Posted in Advertising, FTC

Just when you thought that you heard it all, the FTC announced yesterday that it settled with marketers of caffeine-infused “shapewear” over unsubstantiated weight loss claims.  According to the FTC, marketers urged consumers to wear a fabric that was allegedly infused with, among other things, caffeine for metabolizing fat.  The caffeine was supposed to dehydrate fat… Continue Reading

You Be The Judge: Late Night King Trudeau Sentenced to 10 Years

Posted in FTC, Uncategorized

As a former FTC staffer, I am asked about what’s the worst that can happen if a company doesn’t have substantiation for its weight loss or other health-related claims. Well, that depends. Taken to its extreme, there can be serious consequences. It’s been reported that late night TV infomercial pitchman, Kevin Trudeau, was sentenced yesterday to… Continue Reading

Statement Or Stunt: FTC Sites Hacked

Posted in FTC

It’s been reported that several websites owned by the FTC were hacked last Thursday.  Seven domains were alleged taken down, including, business.ftc.gov, consumer.gov, and consumer.ftc.gov.  This is allegedly the second attack on the FTC within a month. The alleged motivation for the attacks was to protest the FTC’s reluctance to prevent a well known search engine from… Continue Reading

Twenty Years Of Proposed Audits? Learn From Facebook’S Bout With The FTC….

Posted in FTC

The Wall Street Journal reported today that Facebook is close to reaching a settlement with the FTC over its concerns about unilateral, retroactive changes to Facebook’s privacy policies.  Although a final settlement has not been reached, it’s been reported that part of the settlement will require Facebook to submit to 20 years of privacy audits,… Continue Reading

The New ACO Guidelines Are Here! The New ACO Guidelines Are Here!

Posted in FTC

Yesterday, the FTC and DOJ announced the release of their Joint Policy Statement regarding the enforcement of U.S. antitrust laws with respect to Accountable Care Organizations (“ACOs”).  This is reminiscent of when the Agencies issued their Joint Healthcare Guidelines in 1994, and capitation, HMOs, PPOs and PHOs were the topics of issue.  It should be interesting to see… Continue Reading

FTC Tip Of The Day: Don’t Bury Damaging Documents

Posted in FTC

Receiving an inquiry from a government agency, like the FTC, is different than being involved in civil litigation. Your client is dealing with the government, which does not have the same motivation or pressure points to settle as a private litigant. Having worked at the FTC, it’s my impression that most of the lawyers working… Continue Reading

FTC Investigation Suspended But No “Stamp Of Approval”

Posted in FTC

It’s been reported that the FTC has “dropped” its investigation of a start-up that searches the Internet for employees’ and job applicants’ past bad acts.  While the FTC may have suspended its investigation relating to potential Fair Credit Reporting Act violations, it never gives a “stamp of approval” as is being reported. Read the alleged copy… Continue Reading