The National Advertising Review Board (NARB) agreed with the National Advertising Division (NAD) that Goya Foods Inc. failed to support its objective preference claim that its Excelsior brand pasta is “La Pasta favorita de...more
A California appellate panel affirmed the decertification of a class of consumers in a Song-Beverly Credit Card Act lawsuit challenging Williams-Sonoma’s collection of zip codes and email addresses during credit card...more
Taking a deep dive into national origin claims, the Federal Trade Commission (FTC) hosted “Made in the USA: An FTC Workshop.”
Participants in the half-day event began with a discussion of consumer perception of U.S.-origin...more
To settle charges of falsely advertising its bath and beauty products as organic and vegan, a Miami-based company and its owner agreed to a $1.76 million deal with the Federal Trade Commission (FTC)....more
How can you reduce conflict on the PRC and work together efficiently across different functions to achieve a common goal? What are the Food and Drug Administration (FDA) regulations you need to keep top of mind when...more
9/19/2019
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General Nutrition Centers (GNC) agreed to pay $6 million to settle a class action accusing the national retailer of promoting “phantom markdowns” on its website....more
Congress needs to step up and provide both the resources and legal authority for the Federal Trade Commission (FTC) to effectively enforce the privacy rights of consumers in the United States, former director of the FTC’s...more
A California federal court tossed a lawsuit filed by two nonprofit organizations against Sanderson Farms, Inc., over claims that their chicken products are “100% Natural.”...more
The makers of three types of head impact sensors survived a Federal Trade Commission (FTC) review into advertising claims for their products, with the agency closing out its investigation without taking action....more
Where’s the beef? In Arkansas federal court, where the Tofurky Company challenged a new state law that prohibits the labeling of plant-based meat alternatives as “burgers,” “beef,” “pork” or “sausage” or other meat-related...more
Joining the recent trend of jurisdictions stepping up oversight of automatic renewal laws, North Dakota has enacted a measure regulating auto renewal provisions in the state....more
Keeping patients well informed is a core principle of American healthcare policy, and advertising plays an important role in getting important information out to the public. The laundry list of side effect warnings featured...more
In the most recent Federal Trade Commission (FTC) actions alleging data security violations, the agency settled with an online rewards website and a dress-up games website over allegations that the sites failed to take...more
Are “store closing” signs misleading advertising?
Daniel Dugo answered in the affirmative in a new class action complaint filed against Lowe’s in California federal court....more
Siding with the government, a California appellate panel held that section 17501 of the Business & Professions Code was not unconstitutionally vague on its face or as applied to national retailers accused of deceptive...more
The advertising industry has teamed up to form a new organization dedicated to enacting federal privacy legislation.
Privacy for America—with a steering committee comprising representatives from the Association of National...more
For tricking consumers into spending millions of dollars on computer repairs and technical services by falsely claiming their software uncovered malware symptoms on consumers’ computers, Office Depot Inc. and its software...more
In order to clearly and conspicuously disclose the discount or price offered for a second item and any associated charges or fees, the National Advertising Review Board (NARB) recommended that Telebrands Corp. modify its...more
In a joint referral, the Online Interest-Based Advertising Accountability Program and the Children’s Advertising Review Unit notified the Federal Trade Commission (FTC) that HyperBeard had refused to participate in the...more
While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores....more
In what is being called the first enforcement action involving fake social media endorsements, New York Attorney General Letitia James announced a settlement with a company that allegedly sold the likes and views of fake...more
A deceptive pricing class action will cost Ross Stores almost $5 million after a federal judge in California granted preliminary approval to the settlement agreement....more
The Direct Selling Association (DSA) announced the establishment of a new direct selling self-regulatory program that will be administered by the Council of Better Business Bureaus (CBBB)....more
In its latest decisions, the Online Interest-Based Advertising (IBA) Accountability Program tackled the issues of privacy disclosures and consumer opt-out tools following inquiries into two advertising technology companies....more
Still reeling from the enactment of the California Consumer Privacy Act (CCPA), the Association of National Advertisers (ANA) is pushing back against a proposed data breach notification bill in Massachusetts....more