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HTMLSnapchat Settles FTC Charges of Misrepresenting Privacy and Security Features
Kenneth R. Florin, Ieuan Jolly, Nerissa Coyle McGinn, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
May 21, 2014, previously published on May 2014
Snapchat, a mobile app that lets users send photos and videos that self-destruct within ten seconds, settled FTC charges relating to the app's ephemeral message feature and the app's data collection and security features. This settlement is notable because some of the "misrepresentations"...

 

HTMLFTC Reminds Media to Perform a 'Gut Check' Before Accepting Weight-Loss Advertising
Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
May 19, 2014, previously published on May 9, 2014
The Federal Trade Commission (FTC) kicked off the year with a press conference to announce “Operation Failed Resolution,” which was initiated as part of the FTC’s ongoing effort to stop misleading claims for products promoting easy weight loss and slimmer bodies. In addition to...

 

HTMLFTC Expresses Concern with MLM Component
Andrew B. Lustigman; Olshan Frome Wolosky LLP;
Legal Alert/Article
May 16, 2014, previously published on May 14, 2014
The FTC’s settlement with Fortune Hi-Tech continues the agency’s push to permit only commissions on third-party sales.

 

HTMLCanada’s Anti-Spam Law - Additional Regulatory Guidance
Bradley Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
May 14, 2014, previously published on May 9, 2014
The Canadian Radio-television and Telecommunications Commission has issued a Frequently Asked Questions guidance document regarding compliance with Canada’s anti-spam law (commonly known as “CASL”). The FAQ explains how organizations can comply with CASL’s rules for...

 

HTMLTea Manufacturer Defeats Damages - Seeking Class Action Plaintiff in an Opinion Steeped in Comcast
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 8, 2014, previously published on April 29, 2014
In Lanovaz v. Twinings North America, Inc., 2014 WL 1652338, Case No. C-12-02646-RMW (N.D. Cal. April 24, 2014), the court granted-in-part and denied-in-part a motion for class certification in a false advertising case about tea labels. The plaintiff alleged that the defendant’s tea was...

 

HTMLFood Labeling at SCOTUS: Can FDA Compliant Labels Still be Deceptive?
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
April 30, 2014, previously published on April 26, 2014
On April 21, 2014, the Supreme Court of the United States heard oral arguments in POM Wonderful LLC v. The Coca-Cola Company. This is perhaps the most interesting food labeling case to come along in, well . . . forever. What is at issue here? The central question is whether a food product label...

 

HTMLThe Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims
Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
April 25, 2014, previously published on April 20, 2014
On March 25, 2014, the Supreme Court clarified the standing requirements for false advertising claims brought under the Lanham Act. In Lexmark Intl., Inc. v. Static Control Components Inc., 572 U.S. --- (2014), the Court, in a unanimous decision, invalidated various tests used by the courts of...

 

HTMLSweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine. The court held that the determination of the...

 

HTMLSocial Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
The FTC recently conducted an investigation of shoe manufacturer Cole Haan's "Wandering Sole" photo contest. The investigation focused on compliance with FTC guidelines requiring disclosure of material connections between an advertiser and consumers who offer testimonials or endorsements...

 

HTMLFTC Fires Shot Across The Bow: Is Your Social Media Contest Next?
Amy Sullivan Cahill; Stites & Harbison, PLLC;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
Our 2012 alert, “Like us” On Social Media! An Endorsement Under Advertising Laws? addressed the Federal Trade Commission’s decision on the implication of consumer “Likes” on social media platforms such as Facebook. At that time, the FTC engaged in a common sense...

 


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