Administrative Agency Consumer Protection Communications & Media

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Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Citizen petition filed for hummus standard of identity. A citizen’s...more

D.C. Circuit Dish Network Decision Fails to Clear the Muddied TCPA Waters of a Seller’s Vicarious Liability

On January 22, 2014, the United States Court of Appeals for the District of Columbia Circuit dismissed Dish Network LLC’s petition for review of a 2013 Declaratory Ruling (“Declaratory Ruling”) by the Federal Communications...more

Food Litigation Newsletter - January 23, 2014

In This Issue: - Recent Significant Developments and Rulings ..Court Denies Class Certification in Class Action Suit Against Ben & Jerry’s ..FDA Declines to Revise Policy on “Natural” Food Labels ..Court...more

FDA Refuses Judges’ Request for Clarification Regarding “All Natural” Foods

On January 6, 2014, the U.S. Food and Drug Administration (FDA) refused the request of three federal judges to clarify whether food with bioengineered ingredients may be labeled “Natural,” “All Natural” or “100%...more

FDA declines to define "Natural"

In a much anticipated letter response, FDA has officially declined the opportunity to administratively determine whether foods containing bioengineered ingredients may be labeled as “Natural,” “All Natural” or “100% Natural,”...more

Consumer Protection Laws And Prescription Meds: A Poor Fit

Purchasers of prescription medications often file class actions in large, multidistrict litigation alleging that they were defrauded by manufacturers. In these actions, patients, many of whom disclaim any physical injury,...more

FDA Regulations on the Horizon for Billion Dollar E-Cigarette Industry

In September, 40 state attorneys general wrote to the U.S. Food and Drug Administration (FDA) asking the agency to take all available measures to issue regulations on the advertising, ingredients, and sale to minors of...more

Down the Rabbit Hole: Primary Jurisdiction Redux

“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’” While perhaps not as far down the rabbit hole as Alice was, the Courts within the...more

FDA Issues Proposed Rules That Give FDA Administrative Detention Authority with Respect to Drugs

On July 15, 2013, the U.S. Food and Drug Administration (FDA) released proposed rules implementing sections of the Food and Drug Administration Safety and Innovation Act (FDASIA) and the FDA's new authority to protect the...more

FDA Will Finally Weigh In on “Gluten-Free” Labeling Requirements

Over the past several years, consumers have no doubt seen an increase in “gluten-free” representations on food labels and restaurant menus. But what does “gluten-free” really mean and why is it important? After years of...more

Are You Prepared for the New TCPA Changes Effective January 14, 2013?

The Federal Communications Commission (FCC) has approved and published its amended Telephone Consumer Protection Act (TCPA) regulations on telemarketing calls, many of which go into effect in 2013. These updates to the TCPA...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

Is Your Company's Mobile App Violating CalOPPA?

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices. According to the complaint, the "Fly...more

CFPB goes after another mortgage modification business

The CFPB announced that on December 3, 2012, it filed a second action in the U.S. District Court for the Central District of California seeking to shut down an alleged mortgage modification scam....more

Anti-Spam Legislation: A Work in Progress

At the end of 2010, Canada enacted strict anti-spam legislation (the “Act”) relating to the sending of electronic messages, as well as to other aspects of online commercial activity. Implementation of the Act has been delayed...more

Advertising Law -- Dec 07, 2012

In This Issue: Is This Lawsuit Bananas?; Judge Approves $22.5M Google Settlement; Stay in School: Cranberry Industry Fights to Keep Juice in Schools; and This Symbol Means Something. ...more

FCC Holds Confirmatory Text Messages Do Not Violate TCPA

In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (Nov. 29, 2012) Pending...more

CFPB and FTC Target Mortgage Advertising

The Consumer Financial Protection Bureau ("CFPB") and the Federal Trade Commission ("FTC") have targeted mortgage advertising and marketing in a joint "sweep." Just prior to the Thanksgiving holiday, the CFPB and FTC...more

FCC Issues Declaratory Ruling Allowing Text-Message Opt-Out Confirmations

Yesterday, the Federal Communications Commission issued a declaratory ruling clarifying that sending a follow-up text-message confirming a consumer’s opt-out from receiving future texts does not itself violate the Telephone...more

CFPB and FTC Warn Mortgage Companies about Potentially Misleading Advertisements

On November 19, the CFPB announced that it issued warning letters to about a dozen nonbank mortgage lenders and brokers regarding advertisements targeted towards older Americans and veterans that may violate the Mortgage Acts...more

Tougher Regulation Of “Energy Drinks”?

In late October, Senators Dick Durbin and Richard Blumenthal sent a letter to the FDA urging for tougher regulation of energy drinks. The letter was prompted by news reports that the FDA has recently received five adverse...more

Canadian Marketing, Advertising & Regulatory Law Update

In This Issue: - 1 Advertising Law News - 21 Consumer Protection News - 22 Social Media News - 24 Focus on Food - 30 Cosmetics/Drugs/Product Safety/Regulatory - 32 Quebec News - 33 Privacy News - 37...more

Ninth Circuit Holds That Best Buy's "Dual Purpose" Calls Regarding Its Rewards Program Violates TCPA

October was an active month in the Ninth Circuit for actions under the Telephone Consumer Protection Act (TCPA). In our client alert last week, we discussed the Ninth Circuit's October 12, 2012, decision in Meyer v. Portfolio...more

Consumer Financial Protection Bureau: Fall 2012 Quarterly Update

The beat (cop) goes on. Since the Consumer Finance Protection Bureau's (CFPB) first enforcement action on July 18, 2012 ordering Capital One to pay $210 million for deceptive marketing tactics, the CFPB has dominated...more

California’s AG Puts Mobile Apps on Notice

If a haunted house or trick-or-treating was your scariest experience last week, you must not be one of the 100 mobile application developers who received a notice of non-compliance from California Attorney General Kamala D....more

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