Fredrikson & Byron attorneys John Pickerill and Courtney Thompson covered a lot of content in their Advertising Law Trends to Watch in 2021 presentation on April 1, 2021. Here are a few of the highlights:

FTC Enforcement

In late 2019, the Federal Trade Commission (FTC) challenged Google regarding its compliance with the Children’s Online Privacy Protection Act, including levying a $170 million fine. In 2020, the FTC launched the CBDeceit Program and challenged CBD companies making unsupported health claims. In 2021, the FTC is expected to scrutinize big data companies and continue the CBDeceit Program.

Force Majeure Clauses

Although once a boilerplate provision, force majeure clauses are under increased scrutiny as parties try to secure excuses to performance or delayed performance in the wake of COVID-19. When…

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