The KEMA Brief
Sharp field notes on emerging tech, regulation, and the fast shifts reshaping professional work — a fresh drop every Friday and Sunday.
Tagged “substantiation”
FTC Notice of Penalty Offenses Recipient Lists and Civil Penalty Exposure Under 15 U.S.C. § 45(m)(1)(B)
Appearing on an FTC Notice of Penalty Offenses list establishes legal actual knowledge under 15 U.S.C. § 45(m)(1)(B), escalating civil penalty exposure up to $50,120 per violation.
Regulatory and Financial Liabilities of 'Clinically Proven' Claims Under FTC Scrutiny
Using 'clinically proven' elevates product assertions to express establishment claims, requiring competent and reliable scientific evidence under FTC scrutiny.
FTC Notice of Penalty Offenses Recipient Lists and Civil Penalty Exposure
Appearing on an FTC Notice of Penalty Offenses recipient list establishes actual knowledge under 15 U.S.C. Section 45(m)(1)(B), exposing companies to civil penalties of up to $50,120 per violation.
Reading Product Pages Like an Investigator: The Net Impression Doctrine and Regulatory Exposure
Regulators evaluate digital product pages through the net impression doctrine rather than disclaimers. Audit verbs, ingredient-to-product gaps, and customer reviews to evaluate advertising
Testimonial Compliance, Material Connections, and FTC Notice of Penalty Offenses
Under FTC endorsement doctrine, brands featuring consumer testimonials legally adopt those claims, requiring scientific substantiation for typical results and disclosure of material connections to
Auditing Product Detail Pages for Net Impression and Regulatory Compliance Risks
Learn how regulators evaluate product detail pages using net impression, why disclaimers fail to cure misleading headlines, and three steps to audit PDP claims.
FTC Penalty Offense Authority and Product Claim Substantiation Risks
An analysis of 2,527 companies across FTC Notice of Penalty Offenses lists, examining statutory civil penalty exposure under 15 U.S.C. § 45(m)(1)(B) and evidentiary gaps in product claim
Regulatory Liabilities and FTC Enforcement Risks of Customer Testimonials in Consumer Marketing
Amplifying customer testimonials legally adopts them as marketing claims under FTC rules, creating strict substantiation burdens and penalty risks up to $50,120 per violation.
Corporate Liability for AI-Generated Marketing Claims and FTC Penalties
AI marketing copy is fast, but the liability for an unsupported claim stays with the advertiser. What the FTC's Notice of Penalty Offenses covers, why penalties run per violation, and where human review has to sit.