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|Food Labeling at SCOTUS: Can FDA Compliant Labels Still be Deceptive?|
Gene Summerlin; Husch Blackwell LLP;
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...
|The Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims|
Janina Gorbach; Foley & Lardner LLP;
April 25, 2014, previously published on April 20, 2014On 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...
|Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows|
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
April 22, 2014, previously published on April 15, 2014In 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...
|FTC Fires Shot Across The Bow: Is Your Social Media Contest Next?|
Amy Sullivan Cahill; Stites & Harbison, PLLC;
April 21, 2014, previously published on April 17, 2014Our 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...
|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...
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...
|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...
|Supreme Court Clarifies Standing For False Advertising Cases|
Robert W. (Bob) 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.