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|On Deck, Telemarketing Sales Rule Regulatory Review|
Jonathan L. Pompan; Venable LLP;
March 12, 2014, previously published on March 11, 2014The Federal Trade Commission (“FTC”) recently announced that it intends to begin review of, and solicit comments on the Telemarketing Sales Rule (“TSR”). The opportunity to provide comments will be a significant opportunity for marketers to weigh-in on one of the FTC’s...
|Keeping It Clean: FDA Proposes New Food Transportation Rule|
Ashley W. Craig, Todd A. Harrison, Claudia A. Lewis, Elizabeth K. Lowe, Matthew R. Rabinowitz; Venable LLP;
March 10, 2014, previously published on February 2014The US Food and Drug Administration (FDA) recently announced that it will publish the Sanitary Transportation of Human and Animal Food Proposed Rule after hosting a series of public meetings. This proposed rule will be the seventh and final rule under the FDA Food Safety Modernization Act (FSMA)...
|Reality TV Publicity For Your Business Venture? Beware the Release You Are Required to Sign|
Jessica Freiman, Kym Stasiuk; Blaney McMurtry LLP;
March 10, 2014, previously published on March 2014It is tempting for a small business to sign up to be on a reality TV competition.
|Michael Jordan Permitted to Pursue Right of Publicity Claim|
Barry M. Benjamin, Tywanda Harris Lord, Laura C. Miller, Jeremy A. Schachter, James A. Trigg; Kilpatrick Townsend & Stockton LLP;
March 10, 2014, previously published on February 27, 2014Michael Jordan successfully won reversal of a lower court decision dismissing his right of publicity claim against Jewel Food Stores, permitting his claim to move forward. It’s not like winning the championship game, but it does make Mr. Jordan the favorite as he continues this fight.
|FDA Expands and Clarifies Its Good Reprint Practices Guidance|
Joseph W. Cormier, Anne K. Walsh; Hyman, Phelps & McNamara, P.C.;
March 6, 2014, previously published on March 2, 2014It was a big day in January 2009 when FDA finally issued guidance for manufacturers governing the distribution of medical journal articles and reference publications. While some guidance was better than no guidance, FDA received several comments asking for clarification on how the principles...
|FTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'|
Justin J. Prochnow; Greenberg Traurig, LLP;
March 4, 2014, previously published on February 28, 2014On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive...
|Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel|
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2014, previously published on February 19, 2014In Murray v. Sears, Roebuck and Co., No. C 09-5744, 2014 WL 563264 (N.D. Cal. Feb. 12, 2014), the U.S. District Court for the Northern District of California denied a motion for class certification that was practically identical to a motion brought in the U.S. District Court for the Northern...
|A Guide to FDA Postmarketing Submission Requirements and Reporting Interactive Promotional Media|
Cynthia J. Larose, Jonathan P. Ursprung; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 25, 2014, previously published on February 21, 2014As part of existing FDA postmarketing reporting requirements, manufacturers, packers, and distributors that are FDA applicants or that act on behalf of FDA applicants (for simplicity, “Applicants”) are required to submit all promotional labeling and advertising pieces at the time of an...
|Complaint from BBB Triggers HarperCollins COPPA-Compliance Measures|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 21, 2014, previously published on February 20, 2014The Children’s Advertising Review Unit (CARU) announced (press release) that it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect the...
|Misleading Advertising - Competition Bureau’s Enforcement Priorities|
Dominic Thérien; McCarthy Tétrault LLP;
February 17, 2014, previously published on February 14, 2014On February 4, 2014, Lisa Campbell, Deputy Commissioner of the Fair Business Practices Branch, and Sophie Beaulieu, Competition Law Officer, participated in a lunch seminar at McCarthy Tétrault’s Montreal office to discuss the Competition Bureau’s current enforcement priorities...