Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned...more
On September 23, 2014, the US Federal Trade Commission (FTC) announced its launch of “Operation Full Disclosure” – an effort to improve the effectiveness of disclosures in advertising. According to the FTC’s press release,...more
Use of Flawed Study Results in $3.5M Settlement with FTC -
For relying upon the results of a flawed study to make what the Federal Trade Commission characterized as “baseless” and “hopelessly flawed” weight-loss claims...more
On September 12, a mortgage refinancing lead generator, Intermundo Media, LLC (doing business as Delta Prime Refinance), agreed to pay a $500,000 civil penalty, among other things, to settle the FTC’s allegations that the...more
In this health-conscious age, consumers are always on the lookout for new products which will improve wellness and quality of life. Marketers attuned to this trend may be tempted to increase sales by extolling the virtues of...more
COPPA Gets Parental Consent Updates -
With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more
On June 30, the Federal Trade Commission announced that it had reached a proposed settlement with L’Oréal USA, Inc. related to the Commission’s investigation of anti-aging claims made in advertisements for Lancôme Génifique...more
L’Occitane Inc’s advertisements for its topically-applied body sculpting almond extracts seemed straightforward: “Almond Shaping Delight 3 out of 4 women saw firmer, lifted skin. This luxuriously lightweight massage gel...more
Online Reviews Not Sufficient To Support Ad Claim, NAD Rules -
While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more
Law 360, New York (June 23, 2014, 11:22 AM ET)--Legal and compliance departments, take note: the U.S. Supreme Court’s recent decision in Pom Wonderful LLC v.Coca-Cola Co. confirms that even i fan institution’s conduct meets...more
Don’t Forget: FTC Settlement Over Memory Claims -
The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more
GoLoansOnline.com, Inc., a Houston, Texas-based mortgage lead generator, will pay the Federal Trade Commission $250,000 under a settlement announced earlier this month of claims it operated mortgage lending websites that...more
W3C Reaches Milestone: “Do Not Track” Specification Set -
The road to establish an industry standard for Do Not Track has been long and winding.
Last year, efforts at consensus stalled, grinding the work of the...more
In a lawsuit recently filed in the Southern District of Florida, Global Beverage Enterprises, Inc. (“Global”), the manufacturer of specialty carbonated beverages like Mr. Q. Cumber Sparkling Cucumber Beverage, brought Lanham...more
NAD Decision Offers Reminder About Use of Before and After Pictures -
“Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more
FTC Settles With ADT Over Deceptive Endorsements -
Don’t believe everything you see on TV or read on the Internet – at least not from ADT Security Systems.
According to an administrative complaint filed by the...more
Supplements making claims regarding diabetes, genetically customized nutritional benefits, and weight loss are slammed for false advertising.
Recent Federal Trade Commission (FTC) enforcement activities—including a...more
FTC Drives Car-Related False Ad Suit to Settlement -
The Federal Trade Commission recently settled charges with Nissan North America and its advertising agency over deceptive advertising for the Nissan Frontier pickup...more
High-Profile Mistake Could Cost Data Brokers:
Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry?
The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more
On January 7, 2014, the Federal Trade Commission announced “Operation Failed Resolution”, targeting false and deceptive claims made by marketers of weight loss products. As part of this initiative, the FTC issued updated...more
The Federal Trade Commission announced last week that it had entered into proposed consent orders with nine auto dealers in six states that were charged with deceptive advertising in violation of Section 5 of the FTC Act....more
In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of...more
New year, new resolutions. Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims. Dubbed “Operation Failed Resolution,”...more
Early January 2014, Sensa and three other national marketers of fad weight-loss products settled charges raised by the FTC in an effort to stop “misleading claims for products promoting easy weight loss and slimmer bodies.”...more
Armed with its revised Green Guides, the Federal Trade Commission (FTC) continues to police what it sees as false and misleading environmental claims. In October, the agency announced six enforcement actions in response to...more
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