Tag Archives: FTC

As FDA Ramps Up Digital Health Program, BakerHostetler Hosts a Medical Device Connectivity Webinar Addressing Digital Technology Considerations

By Lindsay Holmes and Shannon McCue on June 9, 2017 Posted in Software

Recent reports indicate that Food and Drug Administration (FDA) plans to build a digital health unit within and assign a number of digital scientists to the Center for Devices and Radiological Health. The digital health unit addresses the proliferation of digital technology and software being used in the medical community, specifically in medical devices. As … Continue Reading

FTC Turns Attention to Social Media Influencers Working for Advertisers

By Stephanie Lucas and Alan L. Friel on May 5, 2017 Posted in Advertising

For years the Federal Trade Commission (FTC) has made clear to advertisers that they are responsible for messages on social media by their employers or by consumers and celebrities and other influencers with which they have a material connection (e.g., they are employed, paid or given anything of value, even discounts, samples, coupons and sweepstakes … Continue Reading

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

By Daniel Goldberg and Alan L. Friel on May 11, 2016 Posted in FTC

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for Mobile Advertising (Mobile Guidance) and now the inevitable has happened: the Accountability Program has issued three compliance decisions with mobile app publishers whose apps allegedly failed to comply with … Continue Reading

FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm

By Mitchell Oates on April 4, 2016 Posted in Patent

The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent infringement litigation under the Hatch-Waxman Act. In its 2013 FTC v. Actavis opinion, the U.S. Supreme Court held that certain settlements involving “reverse payments” may … Continue Reading

Five Takeaways from the DAA’s Recent Cases Involving Interest-Based Ads

By David M. Brown and Alan L. Friel on March 21, 2016 Posted in Advertising, FTC, Native Advertising, Privacy

As we have previously chronicled here and here, the Digital Advertising Alliance (DAA) continues its sweep of interest-based advertising (IBA) through its enforcement vehicle, the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP). Two recent OIBAAP decisions involving web publisher Hollywood Reporter and programmatic advertising agency Varick Media Management provide further guidance on the … Continue Reading

The FTC Weighs In on Big Data

By Judy Selby on January 8, 2016 Posted in Uncategorized

The United States Federal Trade Commission (FTC) has issued a new Report on Big Data, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues,” to provide guidance to companies about their Big Data practices. While acknowledging the numerous issues associated with the use of Big Data, the FTC explicitly limited its focus to … Continue Reading

The FTC Weighs In on Big Data

By Judy Selby on January 8, 2016 Posted in Big Data, FTC

FTC Issues Native Ad Guidance

By Alan L. Friel, Fernando A. Bohorquez, Jr. and Alan M. Pate on December 30, 2015 Posted in Uncategorized

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC truth-in-advertising principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … Continue Reading

FTC Issues Native Ad Guidance

By Alan M. Pate, Fernando A. Bohorquez, Jr. and Alan L. Friel on December 30, 2015 Posted in Advertising, Native Advertising

Native Advertising, the First Amendment and the FTC

By Maryanne Stanganelli on May 6, 2014 Posted in Advertising, First Amendment, FTC, Native Advertising, Social Media

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading