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|California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products|
Samantha Duplantis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 27, 2016Slack Fill Protein PowderAccording to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s purchasing decision is “heavily...
|FTC Issues Enforcement Policy Statement and Guidance on "Native Advertising"|
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
January 7, 2016, previously published on December 22, 2015“Native Advertising” has been on the radar screen for several years, with consumer groups, businesses and regulators alike considering what the rules of the game should be to avoid deception as the nature of publishing and advertising continue to evolve at a dizzying pace. Those rules...
|FTC Issues Enforcement Statement, Business Guide on Native Advertising|
Kenneth R. Florin, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
January 7, 2016, previously published on December 2015The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy Statement on Deceptively Formatted Advertisements”...
|The Hanover Ins. Co. v. Urban Outfitters, Inc.|
Paul R. Walker; Thomas, Thomas & Hafer LLP;
January 6, 2016, previously published on December 2015Navajo Nation sued Urban Outfitters in New Mexico for trademark infringement, and the Complaint alleged that infringement since at least 2009. Hanover provided commercial general liability insurance to Urban Outfitters beginning July 7, 2010 which included coverage for “personal and...
|What Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 29, 2015, previously published on December 17, 2015On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products directly to consumers. Through SmartLabel, simply by searching online...
|DAA Guidance for Cross Device Data Collection|
Brian A. Nixon; Loeb & Loeb LLP;
November 27, 2015, previously published on November 2015On the same day that the Federal Trade Commission was holding a workshop on cross-device tracking, the privacy self-regulatory group Digital Advertising Alliance released guidance related to the cross-device collection and use of data for targeted advertising.
|FDA to Accept Comments on “Natural” in Food Labelling|
Loeb Loeb LLP;
November 27, 2015, previously published on November 17, 2015In a surprising shift, the Food and Drug Administration has announced that it is soliciting public comments concerning how the term “natural” may be used in food labeling. As we reported in a January 2014 alert, three federal judges had previously requested clarification from the FDA as...
|AAA Requires Advance Registration for Arbitration Clauses Contained in Terms and Conditions|
Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
November 19, 2015, previously published on November 13, 2015Many businesses involved in online commerce seek to reduce the risk of lawsuits by including arbitration clauses and class action waivers in their website terms and conditions. The purpose of this Client Alert is to remind such businesses that if their terms and conditions call for arbitration...
|When are “gluten-free” claims allowed in Canada?|
Shirley Liang; Smart & Biggar/Fetherstonhaugh;
October 30, 2015, previously published by IP Update - Canada, Smart & Biggar's Canadian intellectual property and technology updateIn recent years, there has been a sudden increase in the popularity of a “gluten-free” diet. Since then, the trend has grown steadily and food products are increasingly being advertised and labelled as “gluten-free”. However, it’s not a free-for-all; Canada has very...
|ASRC Announces Changes to NAD and NARB Procedures Following Working Group Recommendations|
Loeb Loeb LLP;
October 13, 2015, previously published on September 2015The Advertising Self-Regulatory Council board has announced changes to the adjudicatory processes of the National Advertising Division and the National Advertising Review Board. The changes, announced at the NAD's annual conference on September 29, 2015, adopt a number of recommendations made by a...