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|How to “.Com”ply with Disclosure Rules for Digital Advertising - Part 2: Tips for Businesses Advertising Online in the U.S.|
Catherine M. Samuel, Meghan Waters; McCarthy Tétrault LLP;
May 17, 2013, previously published on May 16, 2013In Part 1 of this blog series on digital advertising, we canvassed the disclosure rules in light of the recent the U.S. Federal Trade Commission’s recent publication, “.com Disclosures, How to Make Effective Disclosures in Digital Advertising”. In Part 2 of this blog series, we...
|A Look Back On Rhode Island’s Narragansett Park|
The Law Office of Kevin P. Landry P.C.;
May 9, 2013, previously published on Spring 2013RI motorcycle accident attorney Kevin P. Landry takes a look back on the history of Narragansett Park. Click here for the full story.
|SEC Initiates Enforcement Action against Adviser for Fraudulent Advertisement|
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
May 2, 2013, previously published on April 30, 2013Recently, the SEC initiated an enforcement action against ZPR Investment Management, Inc. and its principal, Max E. Zavonelli, for distributing advertisements that included statements that were materially misleading or false. The investment advisory firm was registered with the SEC and is based in...
|Federal Court Dismisses Class Action Complaint Based on NAD Decision|
Crowell Moring LLP;
April 23, 2013, previously published on April 19, 2013On February 11, 2013 a federal district court in New Jersey dismissed a putative class action false advertising complaint, holding that the complaint's core allegation that the advertising had been found "unsubstantiated" by the National Advertising Division of the Council of Better...
|Study Finds Lead Contamination in Rice Imports—Could Litigation Be Close Behind?|
Crowell Moring LLP;
April 23, 2013, previously published on April 15, 2013A recently-published Monmouth (NJ) University study claims to have detected high levels of lead in imported rice. These preliminary findings, which follow media reports last fall about arsenic contamination in rice, pose new regulatory and litigation risks for manufacturers, importers, distributors...
|Supreme Court Hears Latest Preemption Arguments from Drug Manufacturers|
Crowell Moring LLP;
April 23, 2013, previously published on April 19, 2013On March 19, 2013, the Supreme Court of the United States heard oral argument in Mutual Pharmaceutical Co. v. Bartlett, Docket Number 12-142, to decide whether federal law preempts state law design defect claims against manufacturers of generic drugs. The Bartlett case is the latest battleground in...
|When is a Website Considered Labeling?|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
April 18, 2013, previously published on April 16, 2013Our colleagues at the Drug and Device Law Blog recently blogged on the decision in Wilson v. Frito-Lay North America, Inc., a false advertising case out of the Northern District of California in which the court held that statements on a food company’s website did not constitute labeling even...
|FTC Annual Report Highlights Commission Focus on Health-Related Advertising|
Katie Bond; Hyman Phelps McNamara P.C.;
April 16, 2013, previously published on April 15, 2013As it does every spring, the Federal Trade Commission (“FTC”) has released its annual report. The new report, which covers 2012, makes clear that the FTC remains as focused as ever on health-related advertising ¿ especially where advertising allegedly promotes products for weight...
|Why Legal and Marketing Conflict on How to Choose a Trademark|
Donna Ray Berkelhammer; Sands Anderson PC;
April 15, 2013, previously published on April 9, 2013If you work with startups as I do, one of the first issues is choosing the company or product name.
|The Realm of Advertising in 140 Characters or Less: How the FTC Addresses Modern Concerns over Digital Advertising|
Ryan S. Klarberg, Robert J. deBrauwere; Pryor Cashman LLP;
April 15, 2013, previously published on April 9, 2013On Tuesday, March 12, 2013, the Federal Trade Commission (FTC) issued a new report that provides the latest guidance to those that advertise and market their products and services online. The detailed report, titled “.com Disclosures: How to Make Effective Disclosures in Digital...