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False Advertising › Federal Trade Commission

News & Analysis as of May 25, 2013

Monster Energy Drink Accused of Teen Death

Manatt, Phelps & Phillips, LLP

Advertising Law -- May 23, 2013

by Charles Washburn, Jr. | Manatt, Phelps & Phillips, LLP on 5/24/2013

SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more

Jeff Ifrah

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

by Jeff Ifrah on 4/23/2013

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are...more

BakerHostetler

Johns v. Bayer Corporation: Southern District of California Dismisses “Lack of Substantiation” False Advertising Class Action

by Nicole Skolout | BakerHostetler on 4/19/2013

In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more

Fuerst Ittleman David & Joseph, PL

POM Appeals FTC Final Order Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 3/20/2013

As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more

Looper Reed & McGraw, P.C.

The Greatest Blog Post About Deceptive Advertising Ever Written*

by Travis Crabtree | Looper Reed & McGraw, P.C. on 3/11/2013

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

Loeb & Loeb LLP

FTC Approves First Settlement Under Revised Green Guides

by Albert Cohen | Loeb & Loeb LLP on 3/8/2013

The Federal Trade Commission March 6, 2013, approved final orders C-4385 and C-4386 settling charges that two paint manufacturers made false and unsubstantiated claims that some of their paints contained zero volatile organic...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Feb 28, 2013

by Manatt, Phelps & Phillips, LLP on 3/1/2013

In This Issue: Manatt Partner Ken Kaufman Marks Ten Years as Co-Chair of PLI's Annual Entertainment Law Conference; Manatt Partner Ivan Wasserman Invited to Speak at Engredea Conference; Starbucks, Kraft Battle Over...more

Venable LLP

Advertising News & Analysis - February 21, 2013

by Leonard L. Gordon, Jeffrey D. Knowles, Amy Ralph Mudge, Randal M. Shaheen | Venable LLP on 2/25/2013

In this issue: - Cordray Outlines CFPB’s 2013 Agenda - "It's My Trademark" No Defense in NAD False Advertising Challenge - This Just In: FTC Has Big Plans for 2013 - Upcoming Events An excerpt from...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Feb 21, 2013

by Manatt, Phelps & Phillips, LLP on 2/22/2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Feb 15, 2013

by Manatt, Phelps & Phillips, LLP on 2/18/2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

Venable LLP

Advertising News & Analysis - February 14, 2013

by Edward Boyle, Emilio W. Cividanes, Douglas Emhoff, Stuart P. Ingis, Jeffrey D. Knowles, Melissa McLaughlin, Amy Ralph Mudge, Jonathan L. Pompan, Randal M. Shaheen | Venable LLP on 2/18/2013

In this issue: - Recent NAD Decision Illuminates FDA’s “Light” Requirements - CA Supreme Court Rules Song-Beverly Doesn’t Apply to Online Downloadable Purchases - Comments in Four Loko Settlement May Drive...more

Venable LLP

Advertising News & Analysis - February 7, 2013

by Leonard L. Gordon, Jeffrey D. Knowles, Maura A. Marcheski, Gregory J. Sater | Venable LLP on 2/12/2013

In this issue: - Jon Leibowitz Announces Departure From FTC - Lessons from FTC’s POM Wonderful Decision - No CDA Immunity for Fake News Site Affiliate Network - Upcoming Events An excerpt from...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Feb 08, 2013

by Manatt, Phelps & Phillips, LLP on 2/11/2013

In This Issue: Manatt Partner Linda Goldstein Invited to Speak at ERA’s Great Ideas Summit; Lance Armstrong’s Confession Leads to Legal Action . . . Will Endorsers Follow Suit?; “Business Coaching” Defendants Settle with...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - January 25, 2013

by Katten Muchin Rosenman LLP on 1/28/2013

In this issue: - CBOE Proposes to Amend Preferred Market Maker’s Continuous Quoting Obligations - FATCA Regulations Are Finalized - CFTC to Host Roundtable on “Futurization” of Swaps - CFTC Amends Order of...more

Patterson Belknap Webb & Tyler LLP

FTC Drops Bomb on Pom: Finds Ads Touting Health Benefits of Pomegranates Unsubstantiated and False

by Robert Lehrburger, Christine Miller, Saul Shapiro, Travis Tu, Frederick Warder, Steven Zalesin | Patterson Belknap Webb & Tyler LLP on 1/28/2013

Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health...more

Venable LLP

Advertising Substantiation Standards, A Brave New World

by Gregory J. Sater | Venable LLP on 1/23/2013

You're back in the Old West, in a dusty frontier town at high noon. Tumble weeds blow past your boots as you tie up your horse. You notice a crowd of townsfolk gathered. They're listening to a traveling salesmen standing on...more

Fuerst Ittleman David & Joseph, PL

FTC Commission Upholds POM Wonderful Decision Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 1/22/2013

As we previously reported, on September 27, 2010, the Federal Trade Commission (“FTC“) filed an administrative complaint against POM Wonderful LLC (“POM“) for allegedly making unsubstantiated claims, which were also false or...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Jan 18, 2013

by Manatt, Phelps & Phillips, LLP on 1/21/2013

In This Issue: POM Loses Again to the FTC – Will Other Advertisers?; Instant Instagram Controversy; LASIK Providers Need Corrective Advertising; FTC Reports on Food Industry Marketing to Kids; Google, Viacom Accused of...more

Reed Smith

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (2nd Edition)

by Reed Smith on 1/9/2013

In October 2009, we published the first edition of this White Paper, focusing primarily on social media issues in the United States. The response was overwhelming and far beyond our expectation — clients, friends, press and...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Dec 14, 2012

by Manatt, Phelps & Phillips, LLP on 12/14/2012

In This Issue: Hotel Web Sites Receive Warning Letters From the FTC; Not So Lucky? Jeans Brand to Pay $10M to Settle Text Message Suit; NAD: Environmental Claims for Cookware Products Are Overstated; Another “Natural”...more

Venable LLP

CFPB and FTC Target Mortgage Advertising

by Jonathan L. Pompan | Venable LLP on 12/3/2012

The Consumer Financial Protection Bureau ("CFPB") and the Federal Trade Commission ("FTC") have targeted mortgage advertising and marketing in a joint "sweep." Just prior to the Thanksgiving holiday, the CFPB and FTC...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Nov 29, 2012

by Manatt, Phelps & Phillips, LLP on 12/1/2012

In This Issue: Could Papa John’s be Liable for $250 Million in a Spam Text Suit?; FTC Chair: COPPA Update by End of 2012, Do Not Track Will Take Longer; Calm Down! CSPI Targets Caffeinated Products; Confirmatory Opt-Out...more

Fuerst Ittleman David & Joseph, PL

Medifast Agrees to Settle Advertising Dispute with FTC

by Fuerst Ittleman David & Joseph, PL on 10/1/2012

On September 10, 2012, the Federal Trade Commission (“FTC“) announced that Jason Pharmaceuticals, Inc. (“Jason”), a subsidiary of Medifast, Inc. and the makers of Medifast weight loss meal replacement products, agreed to pay...more

Cullen and Dykman LLP

POM Wonderful: Advertising Claims Regarding Health Benefits of Pomegranate Juice and Supplement Found Deceptive

by Cullen and Dykman LLP on 5/25/2012

Chief Administrative Law Judge D. Michael Chappell has upheld a Federal Trade Commission (“FTC”) complaint accusing POM Wonderful LLC (“POM Wonderful”), the maker of best-selling POM Wonderful 100% Pomegranate Juice (“POM...more

Patterson Belknap Webb & Tyler LLP

FTC Prevails In Case Against Pom Wonderful: Court Issues 20-Year Injunction Barring Unsubstantiated Health Claims

by Patterson Belknap Webb & Tyler LLP on 5/25/2012

Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more

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