Advertising Law Newsletter - January 31, 2011


In this issue: U.S. Supreme Court to Decide Marketing Consent Law; NAD Weighs In on Toning Shoes; ‘Well-Known’ Robocaller Banned from Telemarketing; FTC Settles False Environmental Certification Claims; and Kellogg Settles Again, This Time Over Rice Krispies.

Excerpt from 'U.S. Supreme Court to Decide Marketing Consent Law':

The United States Supreme Court granted certiorari to decide whether the First Amendment prohibits a law that requires the consent of drug prescribers before their non-public, identifying information is sold or marketed.

Vermont enacted a law banning the sale, transmission, or use of prescriber-identifiable data for marketing or promotion of a prescription drug unless the prescriber consents. Data-mining companies typically purchase data about which drugs are prescribed by which doctors. While the information doesn’t include patient names, the companies can match the doctors’ names to specific drugs and then target them for individualized medication-related sales pitches.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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