Insights & Publications
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FTC Emphasizes the Importance of Testing Disclosures
30 September 2016
View Client Update
A recent workshop hosted by the Federal Trade Commission highlights the Commission’s growing interest in finding new ways to ensure that advertising disclosures are effective,
, clear, conspicuous and timely.
Pre-advertising testing would be a departure from current practices and may impose an undue burden on advertisers, although the workshop signals that such a requirement may gain traction in the future.
These techniques, however, may be effective for use during a post-advertising challenge to support injunctive relief or other remedies.
False Advertising/Lanham Act Litigation
David H. Bernstein
Megan K. Bannigan
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