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AD-ttorneys@law - March 2020 #2

Don’t Panic, but Purell Just Got Sued Over Hand Sanitizer Packaging Claims - Class action follows FDA letter, hints at lawsuit pandemic to come - Headaches - Coronavirus news is saturating everything, and stress is...more

AD-ttorneys@law - March 2020 #1

Former TV Preacher Claims Coronavirus Cure - Bakker is back with ‘12-hour’ virus killer, but CSPI sets FTC on his case - Perennial - Jim Bakker is the gift that keeps on grifting....more

Butt Isn’t It Just Puffery If It Is Funny?

We’ve said it before, and we’ll say it again: NAD does not have a great sense of humor when it comes to false disparagement dressed up in a joke. ...more

2/21/2020  /  Advertising , Disparagement , NAD

AD-ttorneys@law - February 2020 #3

The Whole Egg Thing Still Stinks, Apparently - Goop gets tagged by TINA for deceptive health claims – for the third time - Reminiscing - Remember the infamous Yoni Egg? ...more

AD-ttorneys@law - February 2020 #2

Solar Panel Review Is Another Mixed Ruling From NAD - Sunrun’s comparative savings claim, at least, is set on fire - Bright Lights - The country’s leading installer of residential rooftop solar panels – media darling...more

The FTC, AI and Algorithms

If you got past the title to this point, congratulations – not sure that we would have. In exchange for your trust, we promise to try to address a complicated and fascinating subject in a relatively clear manner....more

AD-ttorneys@law – February 2020 #1

Nutritional Coffee Company Shut Down for Pyramid Scheming - FTC slaps a restraining order on Success by Health, 20 years after the first time it sued its founder - Choices, Choices - Success by Health, a Nevada...more

AD-ttorneys@law

Cannabis Company Sued for Being Stingy With the Stash - Bhang Corp. oversold THC and CBD levels, says new class action - Holy Smokes! Last summer we marveled over the mainstreaming of cannabis-derived products. ...more

Facebook vs. the FTC: It’s Not Over Till It’s Over

Yogi Berra did indeed once famously say, “It’s not over till it’s over.” (Actually, he said, “It ain’t,” but that would not have survived the proofreader’s scrutiny). ...more

AD-ttorneys@law

Privacy for America Sends Letter to Congressional Leadership - But aside from a federal law, what do they want? Organizational Growth? Back when Privacy for America (PFA) – an ad industry group comprising the 4A’s, the...more

AD-ttorneys@law

TINA.org Sets Up Neurocore for an FTC Investigation - Noggin-training company somehow misses stark enforcement trend - Brain in Vain - When we report about brain-improvement therapies, we’re usually sharing news about...more

AD-ttorneys@law

Smells Like Mean Spirit? Bargain airline sued over Shortcut Security line - Bare Boned - If your company’s brand is all about the bargain, you can expect some to identify your company with cheaper services and the...more

Are Made in USA Chickens Worthless? These and Other Deep Questions from the FTC’s Made in USA Workshop

Today the Federal Trade Commission (FTC) hosted a half-day workshop looking at Made in USA claims and the FTC’s guidance and enforcement....more

Lead Generation Leads to FTC Settlement

There is nothing particularly new about the idea of lead generation in marketing. Companies have from the very beginning paid their own employees or paid others to help find prospects for their goods and services. ...more

FTC Nursery Guides Go Bye-Bye but Not Without a Fight

We have practiced in the consumer protection space collectively for more than 50 years and have not once had occasion to consult the Federal Trade Commission’s (FTC or Commission) Nursery Guides. ...more

FTC MUSA Remedy Wars Continue

We recently wrote about the Federal Trade Commission’s (FTC’s) recent approval of a pair of Made in USA (MUSA) settlements. It is also worth noting that the approvals drew a statement and a dissent from the Commission’s...more

Judge Rules That USDA’s Approval of “Natural” Label Claims Protects Same Claims Used in Advertising

On April 8, 2019, a judge in the Superior Court of the District of Columbia, Civil Division, granted summary judgment to Hormel Food Corporation (Hormel) in a case filed by the Animal Legal Defense Fund (ALDF) on the grounds...more

The Rise and Fall of Statistical Significance

Dealing with clinical studies can be one of the more challenging aspects of being an advertising/marketing lawyer, particularly if you are one of many lawyers who took the political science/econ route to law school. ...more

COPPA Safe Harbor Hit by Storm

Administrations come and administrations go, but the FTC and self-regulation have had a long-running love affair. But can there be too much of a good thing? ...more

FDA Slow but Steady on CBD

It seems like CBD oil is all we talk about, but honestly, it’s almost all that our clients are talking about. If your marketing folks haven’t come to you yet with an idea to add CBD oil to something, they will almost...more

A Quick Hit on CBD – Departing Commissioner Gottlieb Talks CBD With Congress

Departing Food and Drug Administration (FDA) Commissioner Gottlieb reiterated many of the things we have blogged about here recently in his testimony before a Senate subcommittee this past Thursday....more

CBD: Coming to a Store Near You TBD

There are both positive and negative developments regarding the likelihood of widespread legal sales of CBD oil products. Last week, a major retailer announced that it will begin selling cannabidiol (CBD) creams and salves...more

Judge Sours on Natural Class Action Lawsuit Against Starbucks Gummies

Class action lawsuits alleging misleading advertising of food and beverage products show no sign of abating anytime soon. So we have to give a shout out once in a while when the good guys score a win and common sense appears...more

Supplement Sellers Beware

Recognizing the rapid growth and penetration of dietary supplements into all demographics of American consumers, the Food and Drug Administration (FDA) is viewing at least some dietary supplements as belonging to “the Wild...more

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