In this issue: Behavioral Advertising Suit Results in Split Decision; GAO Report Calls for Greater FDA Power; Power Balance Faces False Advertising Suit Over Accessories; Need a BOOST? FTC Settles with Nestle Over Probiotic Kids’ Drink; and Those Bette Davis . . . Dresses?.

Excerpt from Behavioral Advertising Suit Results in Split Decision:

A Montana federal court dismissed claims under the Electronic Communications Privacy Act (ECPA) in a suit alleging that an Internet Service Provider (ISP) funneled its customers’ Internet traffic to a third party that then used the information for behavioral advertising, but the court ruled that claims under the Computer Fraud and Abuse Act (CFAA) could go forward.

A class of plaintiffs claimed that Bresnan Communications diverted their Internet communications to NebuAd, a third-party Internet advertising company, in order to target them with preference-sensitive ads.

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