In brief On 13 April 2023, the Federal Trade Commission (FTC) issued a letter containing a Notice of Penalty Offenses Concerning Substantiation of Product Claims to approximately 670 advertisers, putting each company on notice that deceiving consumers with advertisements that make unsubstantiated product claims could subject the company to civil penalties of up to USD 50,120 per violation under 15 U.S.C. § 45(m)(1)(B). The FTC noted that, while the initial distribution of the Notice was specific to those making…
Emily Brait is an associate in Baker McKenzie's New York Office and a member of the Firm's North America Litigation and Government Enforcement Practice Group. She previously clerked for the Honorable Bernice B. Donald in the Sixth Circuit Court of Appeals in Memphis, Tennessee. Prior to joining Baker McKenzie, Emily worked as a litigation associate at another global law firm. Emily regularly advises clients in connection with government and regulatory investigations, complex commercial litigations in state and federal courts, arbitrations, and antitrust matters.