The Federal Trade Commission (FTC) is the primary regulatory body for advertising and marketing activities in the US. Section 5 of the FTC Act protects consumers against deceptive or unfair advertising and marketing practices, but determining what the FTC considers “unfair” or “deceptive” can sometimes be a challenge. This program presented by Christie Grymes Thompson, Kelley Drye’s chair of Advertising and Marketing and Consumer Products Safety practice groups, explores the FTC’s advertising enforcement history and provides insight into the Commission’s recent and future enforcement priorities. It also looks at the FTC’s endorsement guidelines, which have broad implications for social media, as well as their “Green Guides,” the legal framework for making claims relating to green seals and logos, recyclable and recycled products, sustainability initiatives, organic textiles and food products, etc.
I. Gain an understanding of Section 5 of the FTC Act, which governs advertising and marketing practices
II. Learn about claim substantiation requirements for both objective and subjective claims
III. Become aware of your disclosure obligations
IV. Understand what the FTC considers a comparison
V. Grasp what is covered in the FTC’s endorsement and green guides
Christie Grymes Thompson is a partner in the firm’s Washington, D.C. office and chair of the Advertising and Marketing and Consumer Product Safety practice groups. She focuses her practice on consumer protection matters, including advertising, product safety, competitor challenges, and promotions. She counsels clients on all aspects of regulatory compliance, with a focus on statutes and regulations enforced by the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC) and state Attorneys General. Ranked nationally as a leading practitioner in the Advertising: Transactional & Regulatory area by Chambers USA, sources tell Chambers that Ms. Thompson has “outstanding technical industry knowledge” and is “practical, responsive, efficient, and fun to work with.”
Ms. Thompson advises national advertisers and consumer products manufacturers on how to keep regulators, competitors, and consumers from knocking on their door with a legal challenge and, if they do knock, she helps them answer and defend the marketing claims at issue. To that end, she reviews advertisements and marketing materials for all media, including television, print, Internet and telephone, to determine compliance with relevant regulations and the risk of challenge. In the event of an inquiry or complaint, Ms. Thompson represents clients before federal and state law enforcement agencies, self-regulatory bodies, and in court on matters involving claim substantiation, pricing practices, green marketing, cause marketing campaigns, financial offers, and mobile disclosures, among others. Ms. Thompson also initiates challenges to competitors’ advertising before the National Advertising Division (NAD) of the Council of Better Business Bureaus and in federal court under the Lanham Act to help clients protect their brands and position in the marketplace.
From a product safety standpoint, Ms. Thompson advises clients to ensure that products on the market meet applicable safety standards, including complying with the Consumer Product Safety Improvement Act (CPSIA), the Consumer Product Safety Act (CPSA), the Federal Hazardous Substances Act (CPSA), the Virginia Graeme Baker Pool and Spa Safety Act (VGBA), and the Flammable Fabrics Act (FFA). This work includes developing product safety compliance programs, analyzing potential reporting obligations, coordinating with other parties in the distribution chain, implementing product recalls, defending against enforcement and penalty proceedings with the CPSC, and responding to Freedom of Information Act requests Ms. Thompson helps companies identify and resolve potential product safety issues confidentially before they escalate and have the potential to draw scrutiny from regulators and negative publicity.
Commercial Co-Ventures and Charitable Promotions
Consumer Product Safety
Memberships & Associations
Honors & Awards
Excellent content and presentation skills.
Informative presentation and effective, clear instructor.
very practical and helpful examples
Very good presentation and illustrations.
Great use of examples by presenter
Excellent presentation and great use of examples.
The best speaker I've experienced on Lawline.
The presenter provided materials and case analysis in support of the points discussed.
good selection of advertisements as a teaching tool
The speaker was one of the best I have heard. Excellent program. David Ballard
One of the best Lawline courses I've taken.
I like the subject and the way it was presented.
entertaining and informative!
Excellent - great information and interesting, great use of real examples and great speaker. Thanks!
Good overview of topic
Suprisingly Interesting! I especially liked the advertising examples which added to my understanding.
One of my favorite speakers!
Useful and interesting
Christie is a great speaker. Loved this program!!
Great overall presentaion
Good speaker, interesting subject matter.
Speaker was engaging and provided a lot information.
Great materials and detailed explanations.
Fascinating and fun topic
The use of specific examples helped clarify the points of the presentation
Excellent overview, great examples, very interesting!
Informative, & enjoyable. Ms. Thompson was engaging, & seemed - still - to like the topic.
This was a great course. This is not a topic I thought I would be interested in, but I found it extremely interesting and really enjoyed her examples.
Informative presentation and one to be recommended!
Excellent seminar. Clear, organized, informative and well-presented.
Ms. Thompson does an excellent job presenting the major issues. Organized, active, but not rushed, good job.
very interesting program
Great ending! Never laughed out loud with genuine humor at a CLE before now.
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