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Pom v. Coke Will Impact Financial Services Too

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

Advertising Law - June 2014 #4

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

Mortgage Lead Generator To Pay $250,000 in FTC Settlement on Deceptively Advertised Mortgage Rate Charges

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

Advertising Law - May 2014

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

Milk Dud? False Advertising Lawsuit Against Makers of Muscle Milk Illustrates Interplay Between Lanham Act, FTC and FDA

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

Advertising Law

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

Advertising News & Analysis - March 27, 2014

In this issue: - FTC Seeks Comment on Fair Packaging and Labeling Act Rules - Ink Still Drying on Supreme Court's Lexmark Decision - FTC says Weak Disclosures? Special Effects, Too? Nissan's on the Dark...more

Advertising Law

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

FTC Cracks Down on False Advertising in Dietary Supplements

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

Advertising Law - Feb 13, 2014

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

Advertising Law - Feb 6, 2014

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

Advertising News & Analysis - January 30, 2014

In this issue: - FTC says Agencies Responsible for Clients' Deceptive Ads - Don't Let Product Claims Fly Solo with Other Products - FTC Wants TV to Trim Deceptive Diet Ads - Home is Not Where the...more

FTC Issues Updated Media Guidance for Screening Fake Weight Loss Claims

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

Advertising News & Analysis - January 23, 2014

In this issue: - Former BCP Director Discusses how FTC Picked its Fights - Court Pierces the Veil on Anonymous Online Reviews - FTC Finds Green Diaper Claims Don’t Hold Water - A Warning Letter is...more

Advertising News & Analysis - January 16, 2014

In this issue: - It's Time to Comply with CA Do Not Track Disclosure Law - Overstock Deceptive Pricing Decision Hurts Retailers and Consumers - FTC Sweep Targets Deceptive Consumer Lending Ads -...more

FTC Settles Nine Auto Dealer Deceptive Advertising Cases

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

“Operation Failed Resolution:” FTC Seeks Media Outlets’ Help to Police Deceptive Weight Loss Ads

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 Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers

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

FTC Launches Law Enforcement Initiative Stopping Deceptive Advertising and Misleading Endorsements of Fad Weight-Loss Products

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

“Just The Facts, Ma’am:” FTC Actions Target “Biodegradable” Claims

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

Advertising Law - December 31, 2013

FTC Shines a Light on Flashlight App’s Geolocation Data Sharing - In the agency’s first action involving geolocation data, Goldenshores Technologies, LLC, settled charges with the Federal Trade Commission that the...more

FTC Approves Consent Order Regarding “Made in USA” False Claims

Under the Federal Trade Commission’s 1997 Enforcement Policy Statement on U.S. Origin Claims, in order to say a product is made in the USA, “all or virtually all” of the product has to be U.S.-made. All significant parts and...more

FTC Ramps Up Enforcement Actions Under Revised Green Guides To Include Deceptive Biodegradable Plastics Claims

As United States consumers are progressively willing to pay more for environmentally friendly products, businesses catering to this market are making an ever-growing number of representations about the “green” qualities of...more

Advertising Law -- Nov 27, 2013

FTC Shoots Down COPPA Compliance Request Based on Social Networking - The Federal Trade Commission has denied an application from AssertID seeking the agency's approval of a proposed method of verifiable parental...more

Advertising News & Analysis - October 24, 2013

In this issue: - NAD Continues Eyeing Native Advertising, FTC Coming Soon - Treble Damages in False Advertising Cases? It Can Happen - Made in USA Claims Very Much on FTC’s Radar - Upcoming...more

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