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Retail Law Advisor

Tag Archives: FTC

No More Lifetime Guarantees – The Importance of a Balanced Return Policy

Posted in Retail, Retail Sales

In February 2018, L.L. Bean made the tough decision to change its lifetime return policy, which had been in existence for over a century. Following the policy change, the company received backlash from its customers, with many of them voicing their frustrations on twitter. One user tweeted “L.L. is 100% rolling in his grave #NoRespect.”… Continue Reading

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

Posted in Intellectual Property, Retail

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million followers. It’s no surprise then, that retailers and advertisers are increasingly turning toward these social media “influencers” to… Continue Reading

Coming to a Retailer Near You: Made in USA Labeling Requirements

Posted in Regulatory, Retail, Retail Sales

Patriotism is a hot topic in the United States. One study shows 51% of American consumers will pay higher prices to buy American made products. Not surprisingly, manufacturers actively promote products with the red, white and blue labels proudly proclaiming “Made in USA” to capture those consumers. In fact, some iconic American brands such as… Continue Reading

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

Posted in Retail, Retail Sales

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube?  Do you stop to consider whether they are compensated for their efforts and, if so, how much? Studies have shown, for example, that influencers who have 50,000 – 500,000 followers on Instagram… Continue Reading

Claims about Biodegradable Plastics Breakdown Under FTC Scrutiny: Marketers Beware!

Posted in Compliance, Environmental, Green, Litigation, Retail

In the recent administrative proceeding before the Federal Trade Commission (FTC) against ECM Biofilms, Inc. (ECM), the FTC’s presiding chief administrative law judge (ALJ) ruled that the plastics additive manufacturer ECM violated the FTC Act by deceptively claiming, and providing others with the means to claim, that plastics treated with ECM’s additives would completely biodegrade… Continue Reading

Customer Loyalty Programs May Face Increased FTC Scrutiny

Posted in Compliance, Retail, Retail Sales

Customer loyalty programs are discounts and coupons provided by a retailer to its shoppers as an incentive and reward for repeat purchases. Every industry seems to have its own version, whether it be airline frequent flyer miles, entertainment park privileges, or hotel points. Retail stores are among the fastest growing users of customer loyalty programs…. Continue Reading

Is Your Product Really “Green”? Marketing Environmentally Friendly Products under the FTC “Green Guides”

Posted in Environmental, Green, Retail

Retailers that market their products as environmentally friendly or “green” should take note of the latest updates to the Federal Trade Commission’s Green Guides. The Green Guides are intended to protect consumers from misleading claims in advertisements, labeling, promotional materials and all other forms of marketing. Marketers are expected to use clear language and to… Continue Reading