BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more
5/12/2021
/ Advertising ,
Class Action ,
COPPA ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Product Labels ,
Robocalling ,
Scams
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b) - Well, the buck stops here (for now). In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the...more
5/5/2021
/ Advertising ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
Enforcement Actions ,
Expedia ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Made in the USA ,
Marketing ,
Settlement
Digitally Generated Storm Clouds Gather Over Artists’ Rights - NFTs open exciting new legal questions for experienced IP lawyers - Thomas Kinkade This Ain’t - It’s a beautiful house. Open and sparse, it’s bordered by clear,...more
4/26/2021
/ Advertising ,
COPPA ,
Digital Assets ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Online Marketplace ,
YouTube
Will Unanimous Supremes Stem the TCPA Tide? With a ‘random’ decision, SCOTUS reshapes the landscape of telemarketing law - What a Long Strange Trip It’s Been - Back in July of last year, we offered a summary of the...more
Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more
4/12/2021
/ Advertising ,
Bitcoin ,
Cannabidiol (CBD) oil ,
E-Commerce ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food Labeling ,
GMO ,
Marketing ,
Online Marketplace ,
Pharmaceutical Industry ,
Reimbursements ,
Wire Fraud
DraftKings Settles Class Action Lawsuit for $8 Million - Settlement is a hybrid payment whose lion’s share is in-game currency - Two Fair Households - It wasn’t too long ago that DraftKings and FanDuel, the biggest names in...more
FTC Shines Light Inside ‘Dark Patterns’ - Move over cookies, fingerprinting, ad trackers—there’s an old species of internet chicanery in town - Everything Old … It’s hard to find a nongovernmental clearing house filled with...more
3/12/2021
/ Advertising ,
Arbitration ,
Class Action ,
False Advertising ,
Federal Trade Commission (FTC) ,
In-Game Purchases ,
Internet Streaming ,
Loot Boxes ,
Marketing ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Websites
Sean Combs Opens New Front in War Against GBG Sean John - Accuses majority holder of using election-related trademarks to sell goods - Puffy Prologue - The lawsuit between Sean John Combs (AKA Puff Daddy, AKA P. Diddy, AKA...more
3/8/2021
/ Advertising ,
Cannabidiol (CBD) oil ,
Class Action ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Genericide ,
Marketing ,
Name and Likeness ,
Trademark Registration ,
Trademarks ,
USPTO
We regularly tell clients that intent is meaningless when it comes to deception under Section 5 of the FTC Act. And that’s true (or we wouldn’t say it). But fewer people realize that it’s not necessarily true when it comes to...more
Google Bests Consumer Class Action with Section 230 Defense - But district court leaves door open for an amended complaint - Four Americans = 12 Opinions - The tsouris invoked by Section 230 of the Communications Decency Act...more
2/26/2021
/ Advertising ,
Class Action ,
Communications Decency Act ,
Farm Animals ,
Federal Trade Commission (FTC) ,
Google ,
In-Game Purchases ,
Mobile Apps ,
Online Platforms ,
Section 230 ,
Video Games
Product Guides Don’t Protect Speech - Ninth Circuit overturns First Amendment dismissal of hidden endorsement suit - First, Do No Harm - NutriSearch, publisher of the “NutriSearch Comparative Guide to Nutritional...more
Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s...more
Mars Mired in Milk Chocolate Melee - Yet another suit is hawkish over Dove Bar packaging claims - Strike Two? Here’s a follow-up to the recent battle between Mars Wrigley Confectionery and Mohammed Garadi. If you recall — and...more
Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more
The Federal Trade Commission (“FTC”) announced on December 17 that it has taken action against six sellers of CBD products. In case you need a refresher, CBD is a substance found in the cannabis plant that is widely touted...more
Major Gaming Company Sued for Making Games Too Challenging - Loot Boxes plus in-game skill adjustments perpetuate addictive behavior? Don’t Hate the Playa - When does a pastime become an addiction?...more
FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more
11/19/2020
/ Advertising ,
Copyright Infringement ,
Coronavirus/COVID-19 ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Instagram ,
MLM Industry ,
NAD ,
Photographs ,
Scams ,
Social Media
Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read...more
11/18/2020
/ Advertising ,
Cannabidiol (CBD) oil ,
Cosmetics ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marketing ,
Product Labels
Eleventh Circuit Pries Apart Sticky Trade Dress Decision - Is Gorilla Glue throwing a monkey fit after J-B Weld’s loss is torn apart? Opposites Attract - If you’re an average, buy-it-when-you-need-it glue consumer, you’re...more
As we wait to see how the Supreme Court will rule on the FTC’s redress authority and whether the FTC will potentially be controlled by Republicans or Democrats for at least the next four years, it is worth noting that...more
“The Dog Ate My Plush Toy” Doesn’t Fly in Orca Case - Sea World prevails in bench trial when plaintiff fails to produce stuffed toy - Whale of a… Okay, okay, it’s a class action involving Sea World’s former orca shows—you...more
Supremes Deny Energy Drink Company’s First Amendment Petition - 5-Hour Energy drink maker asks to pour unsubstantiated claims down the drain - Free Speech Spotting - Not too long ago, we covered a dustup between a state...more
Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more
10/20/2020
/ Advertising ,
Breweries ,
CARES Act ,
Class Action ,
Competition ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Lenders ,
Marketing ,
Misbranding ,
NAD ,
Paycheck Protection Program (PPP) ,
Product Packaging
Just the Carefully Worded, Interminable Facts, Ma’am - FDA widens dragnet on COVID-19 drug claims - DC ‘COVID-dential’ - Let’s repeat it again in case anyone out there doesn’t know already: “Currently there are no...more
All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court strip the FTC of that authority entirely? ...more