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HTMLFDA’s Message to Medical Device Company: Stop
Ralph S. Tyler; Venable LLP;
Legal Alert/Article
December 2, 2013, previously published on November 27, 2013
The 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,...


HTMLThe New Targeted Advertising Initiative: Scanning Faces
Dentons Canada LLP;
Legal Alert/Article
November 27, 2013, previously published on November 26, 2013
Tesco has teamed up with UK technology group, Amscreen to launch "OptimEyes screen", across its 450 petrol stations, in a reported five year deal.


HTMLWhen 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;
Legal Alert/Article
November 25, 2013, previously published on November 22, 2013
A 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...


HTMLNAD 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;
Legal Alert/Article
November 15, 2013, previously published on November 13, 2013
This 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...


HTMLAdvertising Accountability Program Issues First Set of Compliance Warnings for Violations of Enhanced Notice Internet Rules
Loeb Loeb LLP;
Legal Alert/Article
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...


HTMLN.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;
Legal Alert/Article
November 13, 2013, previously published on November 12, 2013
The 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...


HTMLNo Time Limit in Trademark Delimitation Agreements - Trademark Law
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
November 12, 2013, previously published on November 12, 2013
Unless a trademark delimitation agreement concluded between two competing companies for the marketing of a product states otherwise, no time limit applies.


HTMLThe Federal Trade Commission Again Targets 'Made-In-USA' Claims
Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
November 11, 2013, previously published on November 11, 2013
After 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...


HTMLNew York State Extends Labor Law Protections to Child Models
Steven R. Gursky, Aliza F. Herzberg, Andrew B. Lustigman; Olshan Frome Wolosky LLP;
Legal Alert/Article
November 8, 2013, previously published on November 2013
New 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...


Adobe PDFTime for a Privacy Policy Tune-Up? California Adds Requirements for Operators of Websites, Apps & Online Services
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
November 7, 2013, previously published on November 4, 2013
Once 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...


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