Advertising Law Blog

Andrew Lustigman, Chair of the firm's Advertising, Marketing & Promotion's Group and Co-Chair of Brand Management & Protection Group, was quoted in Law360 (subscription required) in connection with consumer protection cases and policy to watch in 2022.   In particular, Andy discussed the Federal Trade Commission’s (FTC) response to a recent U.S. Supreme Court decision that curtailed its restitution powers. Specifically when discussing the Federal Trade Commission’s (FTC) recent change of strategy under new leadership, Andy noted the big question going into 2022 would be whether or not the FTC has, “found a loophole to address its lack of authority to seek monetary penalties,” as one of the major tactics introduced by the FTC is rulemaking. Another notable change the FTC has employed is its recent use of notice of penalty offense letters that have been sent to approximately 1,800 companies. Andy stated that this strategy is likely to spark court challenges to whether a company, “can be held liable for violating conduct in an administrative order to which it is not a party… This would seem to be quite a stretch and raises significant due process concerns.”