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|FDA’s Message to Medical Device Company: Stop|
Ralph S. Tyler; Venable LLP;
December 2, 2013, previously published on November 27, 2013The widely publicized start-up company 23andMe, Inc. markets its “personal genome service product” as providing reports on hundreds of diseases and conditions that enable users to “take steps toward mitigating serious diseases,” including diabetes, coronary heart disease,...
|The New Targeted Advertising Initiative: Scanning Faces|
Dentons Canada LLP;
November 27, 2013, previously published on November 26, 2013Tesco has teamed up with UK technology group, Amscreen to launch "OptimEyes screen", across its 450 petrol stations, in a reported five year deal.
|When is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term|
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
November 25, 2013, previously published on November 22, 2013A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...
|NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold?|
Roger A. Colaizzi, David D. Conway, Amy Ralph Mudge; Venable LLP;
November 15, 2013, previously published on November 13, 2013This week we are planning to post a series of blogs looking at NAD procedural issues. For advertisers, how NAD works can sometimes be as important as what NAD decides. This first posting, however, pertains to the intersection between the NAD and the federal courts. The evidentiary value of an...
|Advertising Accountability Program Issues First Set of Compliance Warnings for Violations of Enhanced Notice Internet Rules|
Loeb Loeb LLP;
November 13, 2013, previously published on October 2013 Signaling its intent to enforce industry-established guidelines relating to behavioral advertising, the Better Business Bureau's Online Interest-Based Advertising Accountability Program announced the issuance of a compliance warning to companies that had fallen short of some of the Program's...
|N.D. Ill. Denies Employer Summary Judgment on Retaliation Claim, Stressing Shifting Explanation for Discharge|
Harris Michael Mufson, Steven J. Pearlman, Amanda C. Wiley; Proskauer Rose LLP;
November 13, 2013, previously published on November 12, 2013The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented, particularly the employer’s purportedly shifting explanation...
|No Time Limit in Trademark Delimitation Agreements - Trademark Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
November 12, 2013, previously published on November 12, 2013Unless a trademark delimitation agreement concluded between two competing companies for the marketing of a product states otherwise, no time limit applies.
|The Federal Trade Commission Again Targets 'Made-In-USA' Claims|
Irving Scher; Greenberg Traurig, LLP;
November 11, 2013, previously published on November 11, 2013After a more than 10 year hiatus, the Federal Trade Commission (FTC) has again brought an enforcement action under its 1997 Policy Statement on “Made in USA” claims. The Policy Statement prohibits advertising a product as “Made in USA” (or equivalent statements) unless...
|New York State Extends Labor Law Protections to Child Models|
Steven R. Gursky, Aliza F. Herzberg, Andrew B. Lustigman; Olshan Frome Wolosky LLP;
November 8, 2013, previously published on November 2013New York State recently extended the protections afforded to child performers under New York’s labor laws to child models. Backed by the efforts of the not-for-profit organization the Model Alliance, State Senators Jeffrey Klein and Diane Savino, and Assemblyman Steven Otis, introduced the...
Ed Chansky; Greenberg Traurig, LLP;
November 7, 2013, previously published on November 4, 2013Once again California has taken the lead in enacting new laws requiring specific disclosures in online privacy policies. While the laws technically apply only in California, the practical reality is that any nationwide online service will need to comply. Compliance will require many website...