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The Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action

In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for...more

11/21/2014 - Advertising CAFA Class Action False Advertising Government Entities Privity of Contract Res Judicata Restitution Settlement Unfair Competition

Beginning to Close the POM Circle? – POM Wonderful and Drug Advertising: JHP Pharmaceuticals

Earlier this year, in POM Wonderful LLC v. Coca-Cola Co.,[1] the Supreme Court examined the interaction between the Lanham Act’s prohibition against false advertising and the FDCA’s prohibition against food, drug and...more

11/5/2014 - Advertising Corporate Counsel False Advertising FDCA Food Labeling Lanham Act Pharmaceutical Pharmaceutical Manufacturers POM Wonderful POM Wonderful v Coca Cola Prescription Drugs SCOTUS

DOJ Will Not Challenge Cyber Security Data Sharing Platform

On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows...more

10/23/2014 - Antitrust Investigations Antitrust Provisions Cyber Attacks Cybersecurity Data-Sharing DOJ FTC

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?

Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as...more

8/26/2014 - Antitrust Investigations Discounts Marketing Medical Devices Monopolization Sherman Act The Clayton Act

Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases

On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been...more

8/22/2014 - Advertising Appeals Corporate Counsel False Advertising Lanham Act Likelihood of Confusion Merck Nutritional Supplements Pharmaceutical

Two UPC Resellers Settle FTC Invitation to Collude Investigation

On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their...more

8/5/2014 - Collusion Electronic Barcoding FTC Section 5 Settlement

Supreme Court Rules Compliance with FDA Labeling Guidelines Does Not Bar Lanham Act False Advertising Suits – POM Wonderful v....

In a highly anticipated decision, the Supreme Court on June 12 announced that compliance with food labeling guidelines promulgated by the Food and Drug Administration will not operate as a bar against false advertising claims...more

6/23/2014 - Advertising Coca Cola False Advertising FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Department of Justice Opens Review of ASCAP and BMI Consent Decrees

The Antitrust Division of the Department of Justice this month announced that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in comments...more

6/13/2014 - ASCAP BMI Consent Decrees DOJ Music Music Industry Public Performance Rights

FTC Targeting Trade Associations?

On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust...more

5/8/2014 - Antitrust Investigations Enforcement Actions FTC Trade Associations

FTC Offers Guidance on Social Media Contests

In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection...more

4/30/2014 - Contests & Promotions FTC Social Media

McSweeny Confirmed to Fill Vacancy at FTC

The Federal Trade Commissions will soon be back to having a full complement of five commissioners. Today, the U.S. Senate, by a vote of 95 to 1, confirmed Terrell McSweeny to fill a vacancy at the agency created by the...more

4/11/2014 - FTC Political Appointments

California Proposition 65 Caramel Coloring Suits

This January, Consumer Reports, an independent product testing organization, released a report entitled “Caramel Color: The health risk that may be in your soda” detailing its investigation of the presence of...more

4/9/2014 - Chemicals Food Safety Proposition 65

U.S. Supreme Court Settles Lanham Act Standing Conflict

On March 25, 2014, the U.S. Supreme Court ruled that Static Control Components, Inc. had the right to sue Lexmark International Inc. under the Lanham Act’s false advertising prong. In doing so, the Court established a new...more

3/28/2014 - False Advertising Lanham Act Lexmark Lexmark v Static Control Components SCOTUS

FTC Issues Updated Media Guidance for Screening Fake Weight Loss Claims

On January 7, 2014, the Federal Trade Commission announced “Operation Failed Resolution”, targeting false and deceptive claims made by marketers of weight loss products. As part of this initiative, the FTC issued updated...more

1/28/2014 - Enforcement Actions False Advertising FTC Weight-Loss Products

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