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HTMLFTC Issues Enforcement Statement, Business Guide on Native Advertising
Kenneth R. Florin, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
January 7, 2016, previously published on December 2015
The 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”...

 

HTMLFTC Issues Enforcement Policy Statement and Guidance on "Native Advertising"
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
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...

 

HTMLThe Hanover Ins. Co. v. Urban Outfitters, Inc.
Paul R. Walker; Thomas, Thomas & Hafer LLP;
Legal Alert/Article
January 6, 2016, previously published on December 2015
Navajo 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...

 

HTMLWhat Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 29, 2015, previously published on December 17, 2015
On 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...

 

HTMLFDA to Accept Comments on “Natural” in Food Labelling
Loeb Loeb LLP;
Legal Alert/Article
November 27, 2015, previously published on November 17, 2015
In 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...

 

HTMLDAA Guidance for Cross Device Data Collection
Brian A. Nixon; Loeb & Loeb LLP;
Legal Alert/Article
November 27, 2015, previously published on November 2015
On 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.

 

HTMLAAA Requires Advance Registration for Arbitration Clauses Contained in Terms and Conditions
Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
Legal Alert/Article
November 19, 2015, previously published on November 13, 2015
Many 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...

 

HTMLWhen are “gluten-free” claims allowed in Canada?
Shirley Liang; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
October 30, 2015, previously published by IP Update - Canada, Smart & Biggar's Canadian intellectual property and technology update
In 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...

 

HTMLASRC Announces Changes to NAD and NARB Procedures Following Working Group Recommendations
Loeb Loeb LLP;
Legal Alert/Article
October 13, 2015, previously published on September 2015
The 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...

 

HTMLIn Turnaround, California Abandons Restrictive "Made in USA" Standard
Nathan A. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
October 12, 2015, previously published on September 29, 2015
California Governor Jerry Brown (D) signed into law an amendment to the state's strictest-in-the-nation "Made in USA" law earlier this month. Previously, incorporation of any element that was foreign sourced -- even a single screw on a treadmill -- made an unqualified U.S.-origin claim...

 


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