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|Social Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply|
Ed Chansky; Greenberg Traurig, LLP;
April 21, 2014, previously published on April 16, 2014The 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...
|Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks|
Livia M. Kiser, Michael L. Mallow; Loeb & Loeb LLP;
April 15, 2014, previously published on April 2014In 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...
|Pinterest Contest Draws FTC Warning|
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
April 11, 2014, previously published on April 8, 2014A 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...
Sheppard Mullin Richter Hampton LLP;
April 11, 2014, previously published on April 8, 2014Native 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...
|Supreme 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;
April 10, 2014, previously published on March 2014On 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...
|FTC Letter States Pinterest Contest Entries are Endorsements|
Kenneth R. Florin, Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
April 8, 2014, previously published on April 2014After 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.
Robert A. Poklar; Weston Hurd LLP;
April 7, 2014, previously published on March 2014In 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...
|A (POM) Wonderful Result For Consumer Class Action Defendants|
Paul Seeley; Jones Day;
April 3, 2014, previously published on March 26, 2014On 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...
|Unanimous Supreme Court Articulates New Test for Standing in Lanham Act False Advertising Cases|
Kristen Grace Hilton, Jonathan A. Loeb; Bingham McCutchen LLP;
April 3, 2014, previously published on March 31, 2014On 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...
|Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action - Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible”|
Robin Achen; Jones Day;
April 3, 2014, previously published on March 26, 2014In 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...