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HTMLOfcom Consults on Important Changes to Its TV Advertising Rules
Dentons Canada LLP;
Legal Alert/Article
July 30, 2014, previously published on July 22, 2014
On 18 July, Ofcom published a consultation document proposing important changes to the TV advertising rules, including in particular as to the way in which programme length is measured for the purposes of determining the amount of permitted advertising. These changes are particularly relevant to...

 

HTMLCPFB Turns Three: Three Years, Big Impact
Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
The Consumer Financial Protection Bureau (“CFPB”) has concluded its third year. Created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Bureau has taken significant steps to define its role in the consumer financial services...

 

HTMLFTC Dings Company for Peddling Made-in-USA Seals
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2015
What’s in a name? If you’re a company and your name is “Made in the USA,” your marketing had better smell at least as sweet as the Federal Trade Commission’s (FTC) Made in USA Standard, or so Made in the USA Brand, LLC (MITUB or the Company) discovered. The FTC...

 

HTMLFDA Guidance Limits Flexibility in Social Media Promotional Communications
John T. Bentivoglio, Jennifer L. Bragg, Maya P. Florence, Michael K. Loucks, Gregory M. Luce; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
July 23, 2014, previously published on July 21, 2014
Three recently issued draft guidance documents (Draft Guidances) from the U.S. Food and Drug Administration (FDA or Agency) are designed to assist manufacturers in product communications via social media and other interactive media platforms. Generally, the Draft Guidances continue to require...

 

HTMLPublic Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis, Laura Venker; Keller and Heckman LLP;
Legal Alert/Article
July 19, 2014, previously published on July 7, 2014
The Food and Drug Administration (FDA) held a public meeting on June 26, 2014 to discuss the proposed rules to revise the Nutrition Facts label and serving sizes. The meeting featured an overview of the proposed rules by FDA, a panel on stakeholder perspectives with representatives from trade...

 

HTML"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts
Douglas J. Behr, Melvin S. Drozen, Daniel C. Rubenstein; Keller and Heckman LLP;
Legal Alert/Article
July 11, 2014, previously published on July 3, 2014
In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland. Reviewing a consumer’s assertion that the claimed benefit for a dietary supplement had insufficient scientific support, the Court ruled that...

 

HTMLApache Corporation Seeks Buyer for Stake in the Wheatstone Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 11, 2014, previously published on July 8, 2014
Bloomberg reports that Apache Corporation is seeking a buyer for its interests in the Wheatstone LNG project. Apache Corporation, an American oil and gas producer, has engaged in early discussions with potential buyers for its holdings in Chevron Corporation’s project in Western Australia....

 

HTMLNew Jersey Redefines Permissible Types of Pay-to-Play Skill Contests
Ed Chansky, Erica Okerberg; Greenberg Traurig, LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
New Jersey recently amended its law on skill contests. The new law defines the types of skill contests where a payment can be required to enter. This change could affect operators of video game tournaments, fantasy sports leagues, or other competitions historically viewed as skill-based (and...

 

HTMLSupreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act
David D. Conway, Martin L. Saad; Venable LLP;
Legal Alert/Article
July 4, 2014, previously published on June 26, 2014
The United States Supreme Court paved the way on June 12 for competitors to challenge FDA-regulated food and beverage labels under the Lanham Act. The Court's opinion in POM Wonderful LLC v. The Coca-Cola Co, is the latest chapter in a long-running feud between the two beverage companies. The...

 

HTMLIs Your Food and Beverage Label Now Susceptible to Attack?
McDonald Hopkins LLC;
Legal Alert/Article
July 4, 2014, previously published on June 27, 2014
As a consequence of the United States Supreme Court’s recent unanimous ruling in Pom Wonderful LLC v. Coca-Cola Co., food labels will now come under increased scrutiny and attack by competitors. The issue under consideration was not actually the label but rather the interplay between two...

 


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