Civil Remedies – May 23, 2012

by Ballard Spahr LLP on 5/23/2012

Autodialed or prerecorded collection calls to a non-debtor’s cellular telephone number did not violate the Telephone Consumer Protection Act (TCPA) because the calls were made with the consent of a debtor with “common...more

by Morrison & Foerster LLP on 5/22/2012

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

by Patterson Belknap Webb & Tyler LLP on 5/22/2012

The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more

by McAfee & Taft on 5/18/2012

Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more

by JD Supra Law News on 5/17/2012

Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more

by Sedgwick LLP on 5/17/2012

Here’s a recent case we thought our readers would be interested in that was posted in our May 2012 Media Law Bulletin. When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island...more

by Foley Hoag LLP - Trademark, Copyright &... on 5/17/2012

After much hype on Twitter regarding an action against a “major marketer of consumer goods,” the Federal Trade Commission today announced that it has settled with Skechers USA, Inc. over allegedly deceptive claims that the...more

by Cullen and Dykman LLP on 5/17/2012

The Federal Trade Commission (“FTC”) announced that sneaker manufacturer Skechers has agreed to pay $40 million to purchasers of its Shape-Ups, Resistance Runner, Toners, and Tone-ups shoes. The settlement represents the...more