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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...

 

HTMLLack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks
Livia M. Kiser, Michael L. Mallow; Loeb & Loeb LLP;
Legal Alert/Article
April 15, 2014, previously published on April 2014
In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not realize that the FDA does not require pre-market approval of cosmetics or...

 

HTMLPinterest Contest Draws FTC Warning
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
A Pinterest contest conducted by Cole Haan, Inc. recently resulted in an FTC warning. Shoe company Cole Haan held a contest via Pinterest that required contestants to create a board entitled “Wandering Sole.” Contestants then had to pin at least five images from Cole Haan’s...

 

HTML“Going Native”
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”). Native advertising, also known as corporate content or branded journalism, is marketing...

 

HTMLSupreme Court Clarifies Standing For False Advertising Cases
Robert W. Lehrburger, Adeel A. Mangi, Christine H. Miller, Saul B. Shapiro, Travis J. Tu; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
April 10, 2014, previously published on March 2014
On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International, Inc. v. Static Control Components, Inc.,the Court determined that...

 

HTMLFTC Letter States Pinterest Contest Entries are Endorsements
Kenneth R. Florin, Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
April 8, 2014, previously published on April 2014
After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a contest offering a prize.

 

Adobe PDFAdvertising Compliance?
Robert A. Poklar; Weston Hurd LLP;
Legal Alert/Article
April 7, 2014, previously published on March 2014
In the October 2013 issue of You Auto Know©, I discussed ongoing Federal Trade Commission ("FTC") investigations regarding dealer advertising compliance. As you know, several dealers throughout the United States entered into 20 year consent agreements which stated that the dealership...

 

HTMLA (POM) Wonderful Result For Consumer Class Action Defendants
Paul Seeley; Jones Day;
Legal Alert/Article
April 3, 2014, previously published on March 26, 2014
On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously certified class of consumers who purchased certain POM juice...

 

HTMLUnanimous Supreme Court Articulates New Test for Standing in Lanham Act False Advertising Cases
Kristen Grace Hilton, Jonathan A. Loeb; Bingham McCutchen LLP;
Legal Alert/Article
April 3, 2014, previously published on March 31, 2014
On March 25, 2014, the Supreme Court articulated a new test for determining who has standing to bring a false advertising claim under the Lanham Act. The Lanham Act permits claims by “any person” likely to be damaged by a defendant’s false advertising but implies that a plaintiff...

 

HTMLCourt Issues Sweet Ruling for Plaintiffs in Mislabeling Action - Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible”
Robin Achen; Jones Day;
Legal Alert/Article
April 3, 2014, previously published on March 26, 2014
In Morgan v. Wallaby Yogurt Co., Inc., the U.S. District Court for the Northern District of California denied defendant’s motion to dismiss a class action complaint alleging violations of the UCL, FAL, and CLRA for mislabeling yogurt products, but struck plaintiffs’ prayer for...

 


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