Communications & Media Administrative Agency Antitrust & Trade Regulation

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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

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

Mobile Medical Apps Guidance

Mobile health ("mHealth") application ("app") developers, manufacturers, investors, healthcare providers and others received welcome news late last month when the U.S. Food and Drug Administration ("FDA") published its...more

U.S. v. Apple Inc et al

Copy of District Court Ruling that Apple Conspired to Raise E-Book Prices

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...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

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

FTC. v. Wyndham Litigation

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more

"Green Advertising" and FTC 2012 Green Guides Update

After a multi-year process and numerous consumer surveys, the U.S. Federal Trade Commission (FTC) recently approved revisions to its guidelines governing advertising for environmental and energy claims, better known as the...more

"DOJ/FTC Ask if MFNs Are Anti-Competitive, and Get an Earful"

The United States antitrust enforcement agencies — Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) — held a joint workshop this week on most-favored nation clauses (MFNs). Through a series...more

NAD Concludes Customer Comments Posted on Pinterest May Be Testimonials Requiring Disclosures

Nutrisystem, Inc., provider of weight loss programs and services, agreed to add disclosures to weight-loss success stories “pinned” to the company’s Pinterest board entitled “Real Consumers. Real Success,” after the National...more

MEDIOS AUDIOVIUALES PUBLICOS. FINANCIACION

La Ley General de Comunicación, determina que la financiación pública no podrá sostener actividades ni contenidos ajenos al cumplimiento de la función de servicio público. En tal...more

In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids

Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier...more

Advertising News & Analysis - June 21, 2012

In this issue: - Venable Secures Top Chambers USA, Legal 500 Honors - CFPB Launches Consumer Complaint Database, Shuffles Senior Management - Federal Judge Gives Supplement Company Daniel Chapter One A...more

Mobile Carrier Billing – At Risk?

Carrier billing is certainly not new to the payments industry, but as digital technologies continue to evolve, companies have increasingly looked to mobile carrier billing to improve the reach and efficiency of digital...more

Fruit Juice Misbranding Claims Lose Their Lanham Act Bite

Food label lawsuits are often exercises in byzantine legal logic. This is so because of the peculiar interplay between preemptive federal food labeling laws and regulations on the one hand and federal and state unfair...more

Business News Digest - May 2012

In this issue: - Legal Issues and the State-Based Exchange – Enhancing Your State's Readiness - Jumpstart Our Business Startups (JOBS) Act - Act Now: Clock Starts to Request Duty Reduction or Suspensions -...more

TV Shared Services Agreements and the FCC Ownership Review Featured on the NY Times Front Page

Since the start of the FCC's examination of its multiple ownership rules in anticipation of its Quadrennial Review of these rules, the question of TV shared services agreements has been one raised by public interest groups,...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 10, Issue 2 - Spring 2012

In This Issue: Enter at Your Own Risk: FDA Draft Guidance Highlights the Uncertainty in the Abbreviated Biosimilar Approval Pathway; McDonnell Boehnen Hulbert & Berghoff LLP to Exhibit at 2012 BIO International...more

POM Wonderful: Advertising Claims Regarding Health Benefits of Pomegranate Juice and Supplement Found Deceptive

Chief Administrative Law Judge D. Michael Chappell has upheld a Federal Trade Commission (“FTC”) complaint accusing POM Wonderful LLC (“POM Wonderful”), the maker of best-selling POM Wonderful 100% Pomegranate Juice (“POM...more

FTC Prevails In Case Against Pom Wonderful: Court Issues 20-Year Injunction Barring Unsubstantiated Health Claims

Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more

Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case

Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more

Georgia Governor Signs Sweepstakes Bill, Myspace Settles Privacy Charges with FTC

Georgia's governor signed Senate Bill 431, a bill intended to regulate Internet cafes by prohibiting "any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or...more

Advertising Law -- March 30, 2012

In This Issue: A Poor Trade: FTC Settles with Car Dealers Over Trade-Ins; FDA Releases Regs on TV Ads; Product Claims Can’t Be Based on Ingredient Testing, Says the NAD; The Latest in “Natural” Suits: Frozen Food, Fruit...more

FTC Finalizes Consumer Privacy Recommendations, Notes Mobile Issues

On March 26, the FTC released an anticipated report on consumer privacy, calling on all companies to adopt certain practices to protect consumers’ private information. The final report outlines three basic principles: (i)...more

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