A panel of the National Advertising Review Board (NARB) recommended that S.C. Johnson & Son, Inc., discontinue the unqualified “non-toxic” claim on package labeling for its Windex Vinegar Glass and Window Cleaner. However,...more
A California federal court permitted a false advertising suit challenging an “up to” claim about an herbicide product to move forward after concluding that some consumers might have been confused about the labeling....more
Tito’s Handmade Vodka promised to stop using claims that consumers preferred the taste of its product in a challenge brought by competitor Absolut Spirits Co. before the National Advertising Division (NAD)....more
A putative class action alleging that Kona Brewing Co. tricked consumers into believing its beer line is locally brewed in Hawaii will move forward after a California federal court judge denied the advertiser’s motion to...more
Third Circuit Affirms FTC's Power to Regulate Data Security Practices -
Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency...more
9/17/2015
/ Celebrity Endorsements ,
Cost-Benefit Analysis ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC v Wyndham ,
GMO ,
Governor Brown ,
Jared Fogle ,
Labeling ,
Made in the USA ,
Michael Jordan ,
New Legislation ,
Personally Identifiable Information ,
Privacy Policy ,
Right of Publicity ,
Section 5 ,
Subway ,
Unfair or Deceptive Trade Practices
EPIC Drives Uber Complaint to FTC -
Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more
7/10/2015
/ Anheuser-Busch ,
Better Business Bureau ,
Class Action ,
Commercial Bankruptcy ,
EFTA ,
False Advertising ,
Federal Trade Commission (FTC) ,
Geolocation ,
Gift-Cards ,
Injunctive Relief ,
Labeling ,
Personally Identifiable Information ,
Privacy Policy ,
Product Labels ,
RadioShack ,
ROSCA ,
TCPA ,
Uber ,
Unclaimed Gift Cards ,
Unfair or Deceptive Trade Practices
FCC Chair Announces New Net Neutrality Regs -
The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more
2/23/2015
/ Advertising ,
Breach Notification Rule ,
Broadband ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Protection ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Internet ,
Internet of Things ,
Labeling ,
Marketing ,
Net Neutrality ,
Product Labels ,
Telemarketing
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
NAD Sniffs at Odor Protection Claims -
Concerned that a 48 hour antiperspirant/deodorant constitutes an overstated claim of “100% odor protection,” the National Advertising Division recommended...more
11/21/2014
/ Advertising ,
Anti-Spam Legislation ,
Email ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Labeling ,
NAD ,
Procter & Gamble ,
Putative Class Actions ,
Scams ,
Software ,
Technology
Ninth Circuit Finds No TCPA Vicarious Liability for Taco Bell for Texts Sent By Franchisee -
On July 2, 2014, the Ninth Circuit issued an unpublished decision in Thomas v. Taco Bell Corp. that is certain to give heart...more