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Documents on Antitrust & Trade Regulation, Banking & Financial Services, Telecommunications, Advertising & Marketing
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|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,...
|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...
|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...
|Breakage and Prepaid Phone Plans Challenged in Court|
Terry Hall, Sarah McKinnon; Cassels Brock & Blackwell LLP;
November 4, 2013, previously published on October 31, 2013The Ontario Superior Court recently certified a class-action lawsuit against Bell Mobility in which the plaintiff challenges the company’s practice of putting expiry dates on its prepaid cell phone cards and its practice of treating any unused, outstanding balance as forfeited. Among other...
|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,...
|Prior Express Written Consent Now Required for Sending Marketing Messages via Robocall or Text Message; Questions Remain Regarding Pre-Existing Databases and Purely Informational Messages|
Alston Bird LLP;
October 18, 2013, previously published on October 16, 2013Companies that have amassed databases of consumers’ landline and mobile numbers for telemarketing purposes are left in a quandary as to whether they must obtain additional consent from consumers to comply with the new Telephone Consumer Protection Act (TCPA) rule. As of Wednesday, October...
|Think Twice Before You Dial: New FCC TCPA Rules Went into Effect Yesterday|
Edwards Wildman Palmer LLP;
October 17, 2013, previously published on October 17, 2013Companies engaged in text marketing campaigns, as well as traditional telemarketers, should take note that today, October 16th, marks the implementation of new FCC rules with respect to the Telephone Consumer Protection Act (TCPA). The stated goal is to bring the FCC’s rules with respect to...
|Continued CFPB Scrutiny of Credit Card Market; Focus Turns to Disclosures|
Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
October 15, 2013, previously published on October 14, 2013The credit card market continues to be high on the Consumer Financial Protection Bureau's hit list. As noted in prior blog posts, the CFPB is focused intently on advertising and marketing of financial products and services. Because large advertising dollars are spent on credit card marketing,...