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|FTC Reminds Media to Perform a 'Gut Check' Before Accepting Weight-Loss Advertising|
Justin J. Prochnow; Greenberg Traurig, LLP;
May 19, 2014, previously published on May 9, 2014The 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...
|FTC Expresses Concern with MLM Component|
Andrew B. Lustigman; Olshan Frome Wolosky LLP;
May 16, 2014, previously published on May 14, 2014The FTC’s settlement with Fortune Hi-Tech continues the agency’s push to permit only commissions on third-party sales.
|Canada’s Anti-Spam Law - Additional Regulatory Guidance|
Bradley J. Freedman; Borden Ladner Gervais LLP;
May 14, 2014, previously published on May 9, 2014The 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...
|Tea Manufacturer Defeats Damages - Seeking Class Action Plaintiff in an Opinion Steeped in Comcast|
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
May 8, 2014, previously published on April 29, 2014In 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...
|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...
|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...
|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...
|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...