Tag Archives: false and misleading advertising

FTC Claims High Ground In Complaint Against Nissan/TBWA “Hill Climb” Spot

By: Brian J. Meli

The spot was called “Hill Climb,” but it thrust Nissan Motor Company and TBWA Worldwide into full reverse when the Federal Trade Commission (FTC) declared it deceptive and charged both the Japanese automaker and its advertising agency with violating federal consumer protection laws.

Naming TBWA as a party in its complaint was a significant move by the FTC, because it sent a clear message that the commission will continue to hold advertising agencies equally responsible for facilitating false or misleading claims when they know or should know that these claims contain material misrepresentations.

Why was this particular spot, which portrays a Nissan Frontier pickup truck racing up a precipitous sand dune to rescue a buggy, singled out in a competitive category loaded with sensational and over-the-top messaging?

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Curing A Common Headache: Healthy Habits In Health And Wellness Advertising

Male Executive With Severe Headache - Isolated

By: Brian J. Meli

The healthcare industry is hands down the most regulated on the planet; and for many a good reason. As healthcare costs seem to be on an irrevocable ascent into the firmament, cracking down on anti-competitive behavior among healthcare providers is priority 1A of regulators. Last year, nearly half of all antitrust enforcement actions filed were against healthcare companies, according to the Federal Trade Commission’s annual report. But unfair competition is only part of the government’s oversight of the industry. Regulatory priority 1B, if you will, is protecting consumers from deceptive trade practices; a pursuit that extends well beyond the boundaries of the traditional healthcare sector.

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