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|NAD Advertising Policy Purposefully Differs from FTC Legal Standards for Substantiation|
A. Wes Siegner; Hyman, Phelps & McNamara, P.C.;
March 19, 2014, previously published on March 16, 2014Does meeting the FTC legal standard for claim substantiation protect claims from action by the National Advertising Division (“NAD”)? If you think the answer should be “yes,” read on.
|Yahoo! Unhappy With TCPA Ruling; Seeks Reconsideration|
Scott A. Shaffer; Olshan Frome Wolosky LLP;
March 18, 2014, previously published on March 6, 2014In Sherman v. Yahoo! Inc., decided on February 3, 2014 in the Southern District of California, Yahoo! failed to convince the court that a lawsuit against it should fail because Yahoo! did not use an Automatic Telephone Dialing System (ATDS) to send text messages, as that term is defined under the...
|FTC Settlement Highlights Lead Generation "Warning Signs"|
Ellen Traupman Berge, Jonathan L. Pompan; Venable LLP;
March 14, 2014, previously published on March 12, 2014A Federal Trade Commission (FTC) settlement with a lead buyer highlights the potential pitfalls with using lists from lead generators without considering how the lists were compiled or the requirements under the Telemarketing Sales Rule (TSR). For lead generators, the settlement also provides a...
|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...
|My Brother’s TCPA Keeper? Recent Cases Highlight Third-Party Risk Under the Telephone Consumer Protection Act|
Wilson G. Barmeyer, Keith J. Barnett, Thomas M. Byrne, Amanda R. Callais, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
March 12, 2014, previously published on March 11, 2014Early 2014 has produced a series of court decisions highlighting third-party liability issues under the Telephone Consumer Protection Act (TCPA). In February, the U.S. Supreme Court declined to hear a case about liability for junk faxes made by an alleged agent, and other recent cases have...
|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...