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HTMLI Scream, You Scream, We All Scream For... Ascertainability?
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 13, 2014, previously published on January 10, 2014
On January 7, 2014, the Northern District of California refused to certify a class of Ben & Jerry’s purchasers who allegedly had purchased ice cream that was falsely advertised as “all natural.” Astiana v. Ben & Jerry’s Homemade, Inc., No. C 10-4387 PJH, 2014 U.S....

 

HTMLFTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Product
Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
January 10, 2014, previously published on January 8, 2014
On Tuesday, January 7, 2014, the Federal Trade Commission (FTC) held a press conference to announce “Operation Failed Resolution,” a new initiative as part of the FTC’s ongoing effort to combat misleading claims for products promoting easy weight loss and slimmer bodies. The FTC...

 

HTML'Natural' Target of False Advertising Class Action Escapes Liability
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
A recent decision in the Central District of California marks a victory for a company using the term “natural” to advertise its shampoo and lotion products. Balser v. The Hain Celestial Group, Inc., CV 13-05604-R, December 18, 2013 (dismissing complaint with prejudice).

 

HTMLNew Self-Regulatory Compliance Decisions Focus on Roles of Agency and Demand Side Platform Engaged in Online Behavioral Advertising
Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
January 7, 2014, previously published on December 2013
The Better Business Bureau’s Online Interest-Based Advertising Accountability Program issued three compliance decisions involving an advertiser, its agency and the provider of a self-service demand side platform in relation to the advertiser’s targeted advertising practices. The...

 

HTMLDecree Guiding Advertising Law in Vietnam Comes into Force
Mai Phuong Nguyen, Thi Mai Nguyen; Mayer Brown JSM Vietnam Limited;
Legal Alert/Article
January 6, 2014, previously published on January 2, 2013
On 21 June 2012 the National Assembly passed the Law on Advertising which, among other things, contains very strict provisions on the advertising of special goods that may have an impact on human health.

 

HTMLAdvertising Law in Lebanon
Nisrine W. El Haddad, Lara Salem; SADER & Associates (Advocates & Legal Consultants);
Legal Alert/Article
December 23, 2013, previously published on January 2013
Advertising is part of daily life, from street posters, print ads, and online campaigns to indirect advertising such as promotional events. A variety of laws dictate what may or may not be advertised or marketed and in which ways. Among these laws are the Penal Code, the Publications Law, the...

 

HTMLVintage Asbestos Advertisements
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
December 20, 2013, previously published on December 20, 2013
Do you remember when asbestos was used in a wide array of consumer goods? Originally thought to be a "miracle mineral," asbestos was taken from its natural state in the earth and repurposed for many different reasons throughout the world, especially in America.

 

HTMLCalifornia Supreme Court to Address Insurance Coverage of Advertisers
Jeremy M. King, Andrew B. Lustigman; Olshan Frome Wolosky LLP;
Legal Alert/Article
December 18, 2013, previously published on December 2013
The California Supreme Court currently is considering an appeal that will have broad-reaching consequences for policyholders that face allegations of patent and trademark infringement. Hartford Cas. Ins. Co. v. Swift Distribution, Inc., No. S207172 (Cal.). Gary-Michael Dahl sued Swift Distribution,...

 

HTMLBBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures
Rohit Dave; Proskauer Rose LLP;
Legal Alert/Article
December 16, 2013, previously published on December 13, 2013
The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the online behavioral advertising...

 

HTMLSecond Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
Legal Alert/Article
December 13, 2013, previously published on December 12, 2013
Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past five years. Because of the availability of statutory penalties, these cases...

 


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