Advertising News & Analysis - December 15, 2011


In this issue;

- CALM Act Rules Turn Down the Volume on Commercials

- Mobile Marketing Association Unveils Standard Sizes for Mobile Ads

- Advocacy Group Targets Webkinz with COPPA Complaint

- Court Sides with FTC in Lane Labs Contempt Case

- FTC Wins Trudeau Case in Seventh Circuit

- Upcoming Events

An excerpt from " FTC Wins Trudeau Case in Seventh Circuit"

In a recent post to the FTC’s "Business Center" Blog, FTC attorney Lesley Fair analyzed the Seventh Circuit’s recent decision in FTC v. Trudeau. The court affirmed a $37.6 million judgment against Trudeau for violating a previous settlement with the FTC by misrepresenting the content of his book, The Weight Loss Cure “They” Don’t Want You To Know About. The Seventh Circuit had previously remanded the case and asked the lower court to explain its calculation of the judgment. In its recent decision, the Seventh Circuit concurred with the lower court, agreeing that it was appropriate to calculate the judgment based on the amount of consumer loss instead of the amount of Trudeau’s unjust enrichment. The Circuit Court also dismissed Trudeau’s argument that the lower court’s ruling violated his First Amendment right to engage in commercial speech by requiring him to post a two million dollar bond before participating in any infomercial. The Circuit court noted “misleading commercial speech gets no Constitutional protection,” and that "The government is not impotent to protect consumers – nor is the court powerless to enforce its orders – by imposing narrowly tailored restrictions on commercial speech."

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Antitrust & Trade Regulation Updates, Communications & Media Updates, Privacy Updates

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.

© Venable LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


With nearly 600 attorneys in offices across the country practicing in all areas of corporate and... View Profile »

Follow Venable LLP:

Reporters on Deadline