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Documents on Antitrust & Trade Regulation, Internet & E-Commerce, Advertising & Marketing
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|On the Fourth Day of Privacy, the Internet gave to me....|
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 13, 2013, previously published on December 12, 2013Web cameras, burglar alarms, fitness monitors, smartphones, and a host of other internet connected devices all have the potential to invade privacy by collecting and sharing personal information. Yet in many cases, the manufacturers and distributors of these devices either have taken no steps to...
|FDA’s Message to Medical Device Company: Stop|
Ralph S. Tyler; Venable LLP;
December 2, 2013, previously published on November 27, 2013The widely publicized start-up company 23andMe, Inc. markets its “personal genome service product” as providing reports on hundreds of diseases and conditions that enable users to “take steps toward mitigating serious diseases,” including diabetes, coronary heart disease,...
|Google Pays BIG To State Attorney Generals for Improper Consumer Tracking|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 26, 2013, previously published on November 22, 2013Earlier this month, Google, Inc. (“Google” or “Company”) entered into an agreement with the Attorney Generals of 37 states and the District of Columbia, settling allegations of violation of the participating states’ consumer protection or applicable computer abuse...
|When is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term|
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
November 25, 2013, previously published on November 22, 2013A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...
|NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold?|
Roger A. Colaizzi, David D. Conway, Amy Ralph Mudge; Venable LLP;
November 15, 2013, previously published on November 13, 2013This week we are planning to post a series of blogs looking at NAD procedural issues. For advertisers, how NAD works can sometimes be as important as what NAD decides. This first posting, however, pertains to the intersection between the NAD and the federal courts. The evidentiary value of an...
|The Federal Trade Commission Again Targets 'Made-In-USA' Claims|
Irving Scher; Greenberg Traurig, LLP;
November 11, 2013, previously published on November 11, 2013After a more than 10 year hiatus, the Federal Trade Commission (FTC) has again brought an enforcement action under its 1997 Policy Statement on “Made in USA” claims. The Policy Statement prohibits advertising a product as “Made in USA” (or equivalent statements) unless...
|What a Difference 16 Years Can Make: FTC Approves Merger Between Office Superstore Giants Office Depot and OfficeMax|
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 8, 2013, previously published on November 5, 2013In 1997, most people thought of Amazon.com as mainly an online bookseller, you couldn't buy groceries at Wal-Mart or Target, and if you wanted floppy disks, VHS tapes, or a fax machine, you drove to your local Staples, OfficeMax, or Office Depot.
|FTC Investigations and Form 8300 $10,000 Compliance!|
Robert A. Poklar; Weston Hurd LLP;
November 7, 2013, previously published on October 2013As you are aware, past You Auto Knows have discussed website advertising, Internet advertising, the use of smart phones by salespeople, Tweets and the need to comply with various state and federal advertising rules and regulations. From extensive experience with the Attorney General's Office, this...
|Supreme Court Gives Green Light for Indirect Purchaser Price Fixing Class Actions|
Imran Ahmad, Chris Hersh, Derek Ronde, Glenn M. Zakaib; Cassels Brock & Blackwell LLP;
November 6, 2013, previously published on November 1, 2013In a trilogy of decisions issued yesterday, the Supreme Court of Canada (the “SCC”) found that class actions can be brought on behalf of indirect purchasers in price fixing cases. These decisions provide much-needed clarity regarding the certification threshold in class actions claiming...
|Are California Courts Cooling on ‘All Natural’ Suits?: Naturally Beyond Belief|
Howard I. Miller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 1, 2013, previously published on October 29, 2013California’s District Courts have, of late, become the go-to jurisdictions for plaintiffs bringing ‘natural’ labeling lawsuits against national food manufacturers. This is due, in large part, to California’s consumer-friendly Unfair Competition Law, False Advertising Law,...