The medical director of Golden Sunrise Nutraceutical, Inc., agreed to settle Federal Trade Commission (FTC) charges that he took part in deceptively advertising a $23,000 treatment plan as a scientifically proven way to treat...more
The Federal Trade Commission (FTC) is sending checks totaling $774,755 to 13,221 consumers who bought Synovia, a supplement advertised and sold by A.S. Research, LLC, as a treatment for arthritis and joint pain....more
In another case, the Federal Trade Commission (FTC) announced that it is sending checks totaling more than $76,000 to consumers who bought Isoprex, a purported “miracle” pain supplement marketed to older Americans nationwide....more
In addition to the Federal Trade Commission, the National Advertising Division (NAD) has also been active with cases regarding COVID-19 claims. In the latest case, the NAD announced that Nomolotus, LLC, d/b/a Truvani,...more
Claims found in an Instagram post about an “on-the-go” dietary supplement should be discontinued, the National Advertising Division (NAD) recommended in a recent decision.
The self-regulatory body requested substantiation...more
In a new decision, the National Advertising Division (NAD) recommended that the marketer of a dietary supplement discontinue claims about its product performance and safety, its testimonials, and its “doctor recommended”...more
A new decision from a Texas federal court sounds a cautionary note for retailers about the potential for liability based on claims made on items sold in their stores....more
Can a false advertising claim be based on a Form 10-K filed with the Securities and Exchange Commission?
A New York federal court judge answered in the negative in a lawsuit brought by a mixed martial arts (MMA) fighter...more
As reported in the July 5, 2018, issue of Advertising Law, the media defendants in a consumer class action, including television personality Dr. Mehmet Oz, reached a $5.25 million deal in the latest legal action involving...more
Television personality Dr. Mehmet Oz reached a $5.25 million deal in a false advertising class action accusing him of overstating the benefits of dietary supplements promising weight loss....more
Applying last year’s U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, an Illinois federal court dismissed nationwide class claims against NBTY, Inc., for lack of jurisdiction....more
Study Finds Low Compliance for Native Advertising -
According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more
5/2/2016
/ Advertising ,
All Natural ,
Class Action ,
Deceptively Misdescriptive ,
Dietary Supplements ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FRCP 23(b)(3) ,
Kohls ,
NARB ,
Native Advertising ,
Scientific Evidence ,
Unfair Pricing
New York AG Asks Court to Bench DFS -
In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a...more
12/4/2015
/ Advertising Substantiation ,
Attorney General ,
Data Security ,
Dietary Supplements ,
DraftKings ,
FanDuel ,
Fantasy Sports ,
Federal Trade Commission (FTC) ,
FTC Act ,
LabMD ,
Preliminary Injunctions ,
Section 5 ,
Telemarketing Sales Rule
With EU Safe Harbor Invalidated, Companies Ask: What Now? -
What happens now?:
That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more
10/23/2015
/ Attorney General ,
Bayer ,
Binding Corporate Rules ,
Class Action ,
Consent Order ,
Contempt ,
Data Controller ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Dietary Supplements ,
Discount Retailers ,
Edward Snowden ,
ESPN ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
False Advertising ,
Fantasy Sports ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Injunctive Relief ,
Insider Breach ,
Insider Trading ,
International Data Transfers ,
Ireland ,
Misrepresentation ,
Model Contracts ,
National Security Agency (NSA) ,
Online Gaming ,
Order to Show Cause ,
Personal Data ,
Restitution ,
SCC ,
Schrems I & Schrems II ,
Surveillance ,
U.S. Commerce Department ,
Unfair Competition ,
US-EU Safe Harbor Framework
"Flying Rabbi" Suit Crash Lands in NY Appellate Court -
A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more
10/16/2015
/ Advertising ,
Comparative Advertising ,
Confidentiality Agreements ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Dietary Supplements ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Invasion of Privacy ,
Jurisdiction ,
Misappropriation ,
Mobile Apps ,
NAD ,
Name and Likeness ,
Non-Disparagement Provisions ,
Online Endorsements ,
Permanent Injunctions ,
Public Interest ,
Puffery ,
Redress Payments ,
Right to Privacy ,
Section 5 ,
Social Media ,
Television Shows ,
Truth in Advertising ,
Unfair or Deceptive Trade Practices ,
Video Privacy ,
YouTube
In Case You Missed It: Possible Jail Time for TCPA Violations, Microsoft Gets Slammed With Solicitation Scam Class Action, and 'Do Not Disturb' Technology Gets Pushed on FCC -
The world of the Telephone Consumer...more
8/28/2015
/ Alzheimer's ,
Amarin ,
Celebrity Endorsements ,
Class Action ,
Data Brokers ,
Data Privacy ,
Data Security ,
Dietary Supplements ,
Do Not Disturb ,
FCC ,
FDA Approval ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
First Amendment ,
FTC Act ,
GRAS ,
Instagram ,
Kim Kardashian ,
Morgan Stanley ,
Off-Label Promotion ,
Off-Label Use ,
Payday Loans ,
Personally Identifiable Information ,
Pharmaceutical Industry ,
Preliminary Injunctions ,
Prescription Drugs ,
Public Health ,
Section 5 ,
TCPA ,
Third-Party
DAA Mobile Privacy Code Enforcement Begins In September -
Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more
6/2/2015
/ Advertising ,
Data Collection ,
Dietary Supplements ,
Digital Advertising Alliance ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fitbit ,
Internet ,
Marketing ,
Mobile Apps ,
Mobile Devices ,
Photographs ,
Privacy Policy ,
Section 5 ,
Social Media
President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification -
Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more
1/30/2015
/ Advertising ,
Barack Obama ,
Computer Fraud and Abuse Act (CFAA) ,
Consumer Privacy Bill of Rights ,
Cybersecurity ,
Dietary Supplements ,
False Advertising ,
Federal Breach Notification Standard ,
Federal Trade Commission (FTC) ,
Gerber ,
Information Sharing ,
Labeling ,
NAD ,
Nestle ,
Procter & Gamble ,
Student Digital Privacy Act
Privacy Authorities to App Marketplaces: Post Links to Privacy Policies -
An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more
12/29/2014
/ Accessibility Rules ,
Advertising ,
Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Dietary Supplements ,
Dole Food ,
Food Labeling ,
Internet Retailers ,
Mobile Apps ,
Nutritional Supplements ,
Personally Identifiable Information ,
Privacy Policy
Suit Seeks To Include E-Mail Address Under Song-Beverly Protections -
First zip codes, now e-mail addresses?
According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...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