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Business Blog

Trial and error

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Imagine a series of promotions that involve pain relief promises, cognition claims, endorsements, 30-minute radio ads, “risk-free” money-back guarantees, “free” trial offers, negative options...
Business Blog

It’s illegal to ban honest reviews

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Congress unanimously passed the Consumer Review Fairness Act to protect people’s ability to share in any forum their honest opinions about a business’ products, services, or conduct. Some companies...
Business Blog

Edge of ‘17

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“ Just like the white winged dove sings a song ,” you can count on the BCP Business Blog to celebrate the “Edge of Seventeen” – 2017, of course – with a recap of in-case-you-missed-it developments...
Business Blog

App developer under pressure for deceptive health claims

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Is it time for a little heart-to-heart about making health claims for mobile apps? An FTC settlement with California-based Aura Labs challenges misleading representations the company made about its...
Business Blog

Deal or no deal? FTC challenges yo-yo financing tactics

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Not many kids play with yo-yos these days, but an FTC complaint against nine related Los Angeles-area car dealers charges that the companies engaged in (among other things) illegal yo-yo financing...
Business Blog

Doctor who?

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Short of jumping into the Tardis to consult with intergalactic medical experts, how can consumers separate the hope from the hype when evaluating claims for health products? That’s where SmartClick...
Business Blog

Deceptive “safe” indoor tanning claims burn consumers

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“Slash your risk of cancer” – by using a tanning bed ? That claim caught our attention, too. A settlement with Dr. Joseph Mercola and two Illinois-based companies includes $5.3 million in refunds for...
Business Blog

Mind the gap: What Lumosity promised vs. what it could prove

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Ads for Lumosity’s “brain training” program made it sound simple. Play games for 10-15 minutes several times a week to delay memory decline; protect against dementia and Alzheimer’s disease; improve...
Business Blog

2015’s top-pick topics: A 10-tative list

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2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in...
Business Blog

5 principles to help keep your health claims healthy

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The marketers of products as diverse as dietary supplements, mobile apps, cosmetics, and apparel may not think they have much in common. But if they make health-related representations, they all need...
Business Blog

Performing seals

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You don’t need to go to a water park to see performing seals. You can spot them on websites where they perform the function of conveying information about the purported environmental benefits of...
Business Blog

Mything the point: 6 (OK, maybe 7) myths about endorsements

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If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed...
Business Blog

When buzz goes bad

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It’s one thing to create buzz about a product. But fail to disclose a material connection between an endorser and an advertiser and that buzz can wind up stinging you. That’s the message of an FTC...
Business Blog

The Shipping News and Reviews

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Consumers often first go to online review sites when they are thinking about buying a product or hiring a service provider. As a result, most businesses are concerned about managing their online...
Business Blog

Spilling the beans: The anatomy of a diet craze

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Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey...
Business Blog

When silence isn't golden

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Silence may be golden, but not for the parents of kids with speech disorders. Illinois-based NourishLife marketed two dietary supplements, Speak and Speak Smooth, advertised as the answer for kids...