December, 2022

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FTC Set to Review Green Guides

Hunton Andrews Kurth

The FTC announced that it will hold an open meeting on December 14 during which the agency will vote to publish a Federal Register notice commencing a regulatory review of the Guides for the Use of Environmental Marketing Claims (“Green Guides”). The commonly followed Guides , which were last updated in 2012, set forth: (1) general principles that apply to all environmental marketing claims; (2) how consumers are likely to interpret particular claims and how marketers can substantiate these clai

Claim 105
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4 Steps to Help Organizations Embrace Risk from Emerging Technology

Risk Management Monitor

As companies continue to navigate the changing work environment brought on by the pandemic, it has become clear that business leaders will need to get comfortable revising and adapting their strategies to deal with disruption brought on from new technologies and new regulation. As risk management professionals, these rapid changes have made our job more important than ever to our organizations.

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2022 Recap: A Message from Jason Lea

Brokers’ Service Marketing Group

Taking a look back at a fantastic year.

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FTC Issues Green Guides Questionnaire

Hunton Andrews Kurth

As we recently reported , the FTC voted to issue a notice in the Federal Register seeking input on updating its Green Guides. The FTC’s notice seeks input on a number of areas addressed by the current Guides, which last were updated in 2012. Among the environmental marketing claims the agency is asking the public to weigh in on are: Carbon Offsets —whether there are any specific claims related to carbon offsets not currently addressed by the Green Guides and whether there is any consumer researc

Claim 105
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Google, iHeartMedia Pay $9.4 Million to Settle FTC and State Allegations of Deceptive Endorsements

Hunton Andrews Kurth

The FTC and Attorneys General from seven states announced settlements with Google and iHeartMedia for disseminating thousands of allegedly deceptive endorsements, with the two companies being required to pay $9.4 million in state-levied penalties. The allegations surround the radio marketing of the Google Pixel 4 smartphone. According to the FTC’s complaint, Google paid iHeartMedia more than $2.6 million to have on-air radio personalities read Google-scripted endorsements without having used, or

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FTC Revises Longstanding “Dietary Supplement Guide” to Cover all Health Products

Hunton Andrews Kurth

The FTC has just announced a release of updated “Health Products Compliance Guidance” to help advertisers ensure that claims about the benefits and safety of health-related products are truthful, not misleading, and supported by science. Last tackled in 1998 and styled as a Dietary Supplements Advertising guide for dietary supplements, the new guidance document covers a broad spectrum of products including foods, over-the-counter drugs, homeopathic products, health equipment, diagnostic tests an

Claim 98
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Understanding New York’s New Insurance Disclosure Requirements

Risk Management Monitor

If your organization operates or could be sued in New York, there has been recent activity on the legal and regulatory risk landscape that risk professionals should be prepared for. New York’s newly-enacted Comprehensive Insurance Disclosure Requirements legislation opens the door for defendants to request that organizations disclose the details of their commercial insurance programs that may apply to a judgment in the case.

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First Circuit Holds Local Delivery Drivers Are Subject to the FAA

Hunton Andrews Kurth

In a significant win for employers operating businesses utilizing delivery drivers, on November 29, 2022, the First Circuit Court of Appeals held in Immediato v. Postmates, Inc. that couriers completing local, intrastate deliveries were not exempt from the Federal Arbitration Act (“FAA”), and could be compelled to submit to arbitration, because they were not engaged in foreign or interstate commerce.

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