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Ninth Circuit Reconsiders, Nixes Deceptive Labeling Claim Against Gerber

by Bryan Cave on

Baby food maker Gerber has scored a partial victory in a false labeling would be class action. The Ninth Circuit in Bruton v. Gerber Prods. Co., Case No. 15-15174, has reversed itself and thrown out a deceptive labeling claim...more

Study highlights prevalence of counterfeit and fraudulent goods online

by Thompson Coburn LLP on

Beneath the partisan rhetoric over “fake news” lies an important reality: Fraudulent practices thrive online — not just in news, but also in offerings of goods and services. Fake online stories, like the PizzaGate story,...more

FTC Warns 11 Companies Over Made in USA Claims

by Reed Smith on

It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With...more

Instagram Updates Sponsored Post Disclosures

by Reed Smith on

Last month, Instagram launched a new feature to let users know when a post is sponsored, making it easier for users to determine if a celebrity was paid to sponsor a post. Instagram will now have a “Paid partnership with” tag...more

Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017

by Kelley Drye & Warren LLP on

For the first 28 weeks of 2017, the most frequently alleged claims in new food and beverage false-advertising class actions have related to featured product ingredients that allegedly are absent, or present only in small...more

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and...more

Consumer Groups Push for More Regulation of Influencers

by Kelley Drye & Warren LLP on

In November, we posted that four consumer groups had sent letters to FTC, encouraging the agency to investigate and bring enforcement actions regarding the use of influencers on Instagram. In April, the FTC responded by...more

OTA & Travel Distribution Update - July 7th, 2017

by Garvey Schubert Barer on

CMA Seeks to Educate UK Hoteliers [PARITY] - ("Competition watchdog urges hotels to take advantage of demise of price parity," The Caterer - Latest Hospitality News, July 5, 2017) - If you recall, one of the key...more

Interesting and Useful Cases in Torts and Insurance - April 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Political Polarization in a Programmatic World

In an era of heightened political awareness and division, brands are more and more sensitive to the nature of the content where their online ads are displayed. In an era of ever-increasing dominance of programmatic...more

Advertising Law - July 2017 #2

NAD Considers Grocery Store Claims, Including Jurisdiction Question - A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more

Your Apps May Be Selling You Out

by Carlton Fields on

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

Ninth Circuit Concludes No First Amendment Issue with California Ban on Paid in-Store Alcohol Advertisements

by Reed Smith on

Last month, the Ninth Circuit, sitting en banc, upheld a California “tied house” law prohibiting manufacturers and wholesalers from providing anything of value to retailers in exchange for advertising their alcohol...more

The D.C. Circuit Denies Motion to Stay Issuance of Mandate in Yaakov v. FCC Opt-Out Notification Case, but Petition for Certiorari...

by BakerHostetler on

On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated...more

House Subcommittee on Health Opens Floor for Discussion of FDA Regulation of Off-Label Speech

by Hogan Lovells on

The House Subcommittee on Health has announced a hearing entitled “Examining Medical Product Manufacturer Communications” for Wednesday, July 12, 2017, at 10:15am EDT, in which it intends to examine two discussion-draft bills...more

TTB Guidelines for Advertising Alcoholic Beverages on Social Media

Social media has become one of the most powerful marketing tools for businesses, including alcoholic beverage industry members (e.g., brewers, distillers, wholesalers). In light of the prominence of social media advertising,...more

Texas Dentistry Regulation Has No Teeth

by Faegre Baker Daniels on

A divided Fifth Circuit has affirmed a lower court ruling that an advertising restriction promulgated by the Texas State Board of Dental Examiners violates the First Amendment rights of the plaintiff dentists. The Texas...more

#Clear and #Conspicuous Paid Partnerships: Instagram Lends Helpful Technology Hand

It is often considered difficult for endorsers to make appropriate disclosures of their paid partnership with a brand within the confines of social media. Instagram has announced it will try to help make disclosures around...more

Higher Regional Court of Cologne: Customer review with care – they could be advertising

by Hogan Lovells on

The Higher Regional Court of Cologne decided in its ruling of May 24, 2017 (OLG Köln 6 U 161/16) that the publication of customer reviews on a company website may be considered as advertising in the classical sense...more

Advertising Law - June 2017 #5

Full Disclosure: Instagram to Help Influencers With Compliance - On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more

Here’s why you’re getting those unsolicited mailings about clinical trials

When consumers around the country started getting letters from a company that they had never heard of, inviting them to participate in clinical trials for medical conditions that they hadn’t disclosed to many or didn’t even...more

IT/Data Protection Germany Newsletter

by Reed Smith on

As you know, the newsletter has moved to Reed Smith together with the Olswang team. We are very happy to send you the first Reed Smith issue of our quarterly IT/Privacy newsletter today. Much of it remains the same, some...more

Food & Beverage Litigation Update | June 2017 #4

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more...more

Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content

by Reed Smith on

A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness. The action arises out of what...more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

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