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|Supreme Court Rules Compliance with FDA Labeling Guidelines Does Not Bar Lanham Act False Advertising Suits - POM Wonderful v. Coca-Cola Co.|
Bruce Colbath, Gregg Re; Sheppard Mullin Richter Hampton LLP;
July 2, 2014, previously published on June 19, 2014In a highly anticipated decision, the Supreme Court on June 12 announced that compliance with food labeling guidelines promulgated by the Food and Drug Administration will not operate as a bar against false advertising claims brought under the Lanham Act. In its decision, the Court made clear that...
|FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media|
Loeb Loeb LLP;
July 1, 2014, previously published on June 2014In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...
|FTC Cuts Down Plastic Lumber Recycled Content Claims|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
June 26, 2014, previously published on June 20, 2014For the second time in five months, the Federal Trade Commission (FTC) has announced a settlement of allegedly deceptive recycled content claims for plastic lumber.
|Federal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations|
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
June 17, 2014, previously published on June 12, 2014In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...
|Don’t Get Caught Offside -Ambush Marketing at the 2014 World Cup|
Paolo Cerroni, Emma Kingston, Akash Sachdeva; Edwards Wildman Palmer LLP;
June 17, 2014, previously published on June 17, 2014After much preparation, anticipation and perspiration, the 2014 Football World Cup has finally kicked off. From now until the Final on 13 July, billions of people worldwide will have their attention dominated and consumed by scintillating displays of intense sporting rivalry, moments of individual...
|The Positive Implications of FTC v. BurnLounge for Direct Sellers|
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend Stockton LLP;
June 16, 2014, previously published on June 10, 2014In FTC v. BurnLounge—after providing a crash course on pyramid schemes and how to properly distinguish a pyramid from a legit multi-level marketing (MLM) operation—the Ninth Circuit upheld the district court’s finding that BurnLounge’s business constituted an illegal pyramid...
|ALJ Essex Denies Motion To Compel Production Of Documents In Certain Windshield Wipers (337-TA-902)|
John F. Presper, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
June 13, 2014, previously published on June 9, 2014On June 3, 2014, ALJ Theodore R. Essex issued the public version of Order No. 11 (dated May 19, 2014) denying Complainant Trico Products Corp.’s (“Trico”) motion to compel Respondents Federal-Mogul Corp. and Federal-Mogul SA (collectively, “Federal-Mogul”) to produce...
|FTC Calls for Greater Transparency for Data Brokers|
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
June 11, 2014, previously published on May 29, 2014The Federal Trade Commission (FTC or Commission) called for legislative and industry actions in a 110-page report on the practices of data brokers, released Tuesday. The report is the culmination of an 18-month study of information obtained from nine data brokers, including such prominent companies...
|TCPA Settlement: Clippers Fans Want Tickets, Not Texts|
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend & Stockton LLP;
June 10, 2014, previously published on June 5, 2014The Los Angeles Clippers are in the news again: this time for an ill-advised promotional text message marketing campaign. Fans filed a class action suit against the pro basketball team in February 2013, after the team sent them text messages without the fans’ express written consent to...
|Your Widget is Better Than the Other Guy's? Prove It. Before You Say So in an Ad. Or Else...|
Jessica Freiman, H. Todd Greenbloom; Blaney McMurtry LLP;
June 10, 2014, previously published on June 2014It’s one thing to see a company falsely advertise its product with gross exaggerations - lose 10 pounds in two days with our supplement! Undo 40 years of wrinkles with one moisturizer!!