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HTMLTRUSTe Settles Allegations of Deceptive Privacy Seal Compliance Representations
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
December 10, 2014, previously published on November 19, 2014
TRUSTe, Inc. has settled with the Federal Trade Commission (FTC) allegations that it misrepresented its recertification procedures for reviewing company privacy practices and allowed its customers to misrepresent TRUSTe as a non-profit.

 

HTMLNAD Finds Fault with Taste Test’s Survey Universe and Test Locations
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
December 5, 2014, previously published on November 2014
In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by properly designed and conducted consumer testing. The MOM Brands Company case...

 

HTMLIEA Report Estimates Canadian LNG Supplies Will Be Among the Most Expensive
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
The Financial Post reports that a new International Energy Agency study predicts that LNG supplies from Canada will be among the most expensive in the world, second to Australia LNG supplies.

 

HTMLEleventh Circuit Expands TCPA Definition of “Sender” Beyond Usual Understanding of That Term
Scott A. Shaffer; Olshan Frome Wolosky LLP;
Legal Alert/Article
November 28, 2014, previously published on November 14, 2014
In Palm Beach Golf Center v. Sarris, decided on October 30, 2014, the Eleventh Circuit Court of Appeals expanded the definition of the word “sender” beyond the usual understanding of what it means to send a fax. As a result of this ruling, more advertisers will be exposed to liability...

 

HTMLFTC Warns Plastic Bag Companies about Oxodegradable Claims
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
November 14, 2014, previously published on November 4, 2014
Continuing its focus on environmental claims, the Federal Trade Commission (FTC) has written to 15 producers of plastic bags warning that “oxodegradable” and “oxo-biodegradable” claims may be deceptive and asking for confirmation that the claims will be withdrawn or that...

 

HTMLNot Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case
Livia M. Kiser; Loeb & Loeb LLP;
Legal Alert/Article
November 12, 2014, previously published on October 30, 2014
In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...

 

HTMLNARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
November 11, 2014, previously published on October 2014
A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...

 

HTMLConsumer Compliance Risks in Social Media
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
October 22, 2014, previously published on Fall 2014
Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...

 

HTMLFTC Updates Its Mail Order Rule
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).

 

HTMLOperation Full Disclosure! FTC’s Frontal Assault on Ads
Michelle Gillette, Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned with the prevention of false and misleading claims, but its focus is...

 


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