Advertising Law Newsletter - February 07, 2011


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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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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