Category Archives: Direct Response

The FTC Finally Takes Down A CBD Marketer, Over COVID-19 Claims

Since hemp-derived CBD containing less than 0.3% THC was decriminalized by Congress at the end of 2018, the Federal Trade Commission has policed CBD health claims with a soft touch. On three different occasions (April, September, October, 2019), seeing unsubstantiated … Continue reading

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Will the Supreme Court Save the FTC’s Disgorgement Authority?

In January, I wrote about emerging caselaw questioning the long-held view in the federal courts that federal law enforcement agencies, like the Federal Trade Commission and Securities and Exchange Commission, have the legal authority to require violators of their statutes … Continue reading

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FTC Hammers Offshore Processor for “Unfairly” Enabling Deceptive Free Trials

We think of the Federal Trade Commission as an anti-deception agency, and it is just that.  The vast majority of its cases are brought against deceptive business practices.  By statute, however, the FTC is also empowered to prevent practices that … Continue reading

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