NARB Sheds Light on Two-for-One Ad Rules

Famed TV marketing company must adjust claims to provide full fee disclosure

Blocks Harmful Rays!

“As Seen on TV” seems like one of those ready-made slogans that are just floating around in the collective cultural subconscious – used by many, invented by no one, perfectly suited to the advertising environment. It’s such a common ad tag that it must have been invented by many marketers spontaneously and independently when television marketing came into its own and began to dominate print.

But no – it has a specific inventor. Or at the very least, one company claims to have invented it: Telebrands Corporation, a direct response marketing company. Don’t remember them? Well, if you’re of a certain age, the following hint will bring it all flooding back: Ambervision sunglasses, their biggest success. If you’re a millennial or younger, here’s the ad for further historical study. Enjoy.


In July 2018, Telebrands fell victim to criticism for a different advertising claim it used, the ubiquitous “buy one, get one” formulation. (As far as we know, Telebrands does not claim to have invented this one.)

The advertising claim was used to promote Telebrands’ Atomic Beam flashlights. In particular, the television advertisement and website advertisement promoting the flashlight offered a second flashlight for a separate “fee,” but did not modify the offer to clearly disclose the discount or price offered for the second flashlight. The critic was Energizer Brands LLC, which called out Telebrands Corporation before the National Advertising Division (NAD) for further scrutiny. NAD held that the “buy one, get one” claim is generally understood by consumers to mean that they would receive the second flashlight at a deep discount or for free with the payment of a nominal fee and recommended that Telebrands modify its offer to clearly disclose the discount or price for the second flashlight (e.g., “Buy one, get second one for $9.99” or “Buy one, get one 50% off”).

Telebrands appealed NAD’s recommendations to the National Advertising Review Board (NARB), arguing that “fee” and “price” are substantively the same term and that the offer terms were fully disclosed on the company’s website where consumers purchased the flashlights.

NARB agreed with NAD, finding that the separate “fee” offer terms were much less prominent than the rest of the offer terms, to the point that consumers would not notice or understand the disclosure and – even if they did – the ad would give the impression that the “fee” in question was for the nominal shipping and handling charge rather than payment for a second device.

Moreover, the disclosure was only presented to consumers at checkout and not with the initial “buy one, get one” offer. This is another instance of the “four corners of the ad” concept, which recommends that disclosures be included within the context of the original ad.

In March 2019, NARB recommended that Telebrands modify its “buy one, get one” claims to clearly reveal the price or discount for a second flashlight and any other fees. Although the ads are no longer running, Telebrands agreed to take this advice into account in the future.

The Takeaway

Companies making “buy one, get one” offers should be mindful of clearly and conspicuously disclosing the discount or price that is associated with the second product along with any other charges or fees. The offer terms should be disclosed within the four corners of the advertisement and not just at check out.

New Balance Made-in-USA Suit Halts for Mysterious Settlement Negotiations

When it comes to made-in-USA claims, defense says plaintiffs were like, “Whatevs”

Which 30 Percent?

When a handful of California consumers sued New Balance Athletics Inc. in 2017, their accusations were fairly straightforward. Unlike many high-profile athletic footwear manufacturers, New Balance maintains a manufacturing presence in the United States. According to the class action complaint, New Balance has sold hundreds of thousands of pairs of shoes to California consumers based on the misrepresentation that they are made in the USA, when rather they are made up of a substantial percentage of foreign-made components.

The plaintiffs maintained that these advertisements were misleading, since a substantial percentage – 30 percent – of the value of each shoe is “attributable to foreign-made components and/or labor.” This much, the complaint states, New Balance admitted openly.

School on a Saturday

Out in the open or not, the consumers, who originally brought suit in California State Superior Court, held that the 30 percent discrepancy was enough to trigger violations of California’s False Advertising Law, Consumer Legal Remedies Act, and Unfair Competition law and constituted breach of warranty, negligent misrepresentation and unjust enrichment. (The case was later removed to federal court, in particular the Southern District of California.)

Then things got weird.

New Balance, in a filing opposing class certification, launched an odd attack on the plaintiffs. The company alleged that the class certification was flawed for a variety of reasons, justified most notably by a study conducted by one of New Balance’s expert witnesses. The study looked at “300 California residents who, since 2015, actually purchased New Balance shoes that were labeled ‘Made in the USA.’” The study claimed that more than 70 percent of the respondents said they were indifferent to New Balance’s domestic production claims.

The study also claimed that of the remaining respondents – those who were not indifferent to the origin claim – “very few felt that the shoe is not genuinely ‘made’ in this country if 70% of the value of the shoe comes from domestic sources.”

One last indignity – the filing also maintained that the named plaintiffs in the class action were, themselves, indifferent to the made-in-the-USA claims. “Named Plaintiffs in this case ... are individuals who were solicited for this litigation through targeted social media advertisements that led them to a class action website trolling for potential plaintiffs.” The filing cited the original complaint testimony about the qualifying purchases – two of the plaintiffs had purchased the shoes for medical reasons and the third because the shoe was comfortable for running.

Whether or not this interesting attack on the plaintiffs’ claims was the cause of settlement negotiations, talks began in early 2018 and have only recently resolved, with a final plan expected by late April 2019. At one point a settlement plan was floated that would have awarded consumers $750,000 – $10 refunded per purchase, with a $50 refund cap per person and a $100 refund cap per household – but details of the latest plan are not yet available.

The Takeaway

Companies should be mindful of what is required to make a made-in-the-USA claim and stay within the parameters for such claims set by both state and federal laws.

Swisher Sweets Settles Box-Price Switcheroo

Cigarillo maker accused of selling equivalent loose product for more than packaged special offer


In a previous issue we discussed a lawsuit involving John Deere, a brand that has become a cultural icon. This week we address a similarly iconic product – albeit from a very different culture: Swisher Sweets.

If you’ve ever spent time in a convenience store, you’ve seen Swisher Sweets or a brand like it: small cigars that can be purchased individually in plastic wrapping or several at a time in a box. This type of small cigar – sometimes called a cigarillo – has become a staple of hip-hop culture; when stuffed with marijuana (by the consumer, of course), the cigarillos become the blunts of rap lore. A recent internet search uncovered several hundred songs that call out the Swisher Sweets brand by name.


Swisher International Inc., which sells its cigarillos for profit in Oregon retail stores, became the subject of a class action suit filed by plaintiff J. Podawiltz in the Circuit Court of Oregon for Multnomah County on behalf of himself and other similarly situated Oregon consumers.

The accusation? The plaintiff claimed that Swisher violated Oregon’s Unlawful Trade Practices Act, causing the plaintiff and many other Oregon consumers to suffer ascertainable economic losses as a result of its false and misleading promotion. In particular, the complaint alleged that the defendant advertised a five-cigarillo box of sweets as “5 for the price of 3” and the plaintiff purchased a five-box for $4.79, when single Swishers were available for only 99 cents at Plaid Pantry, the store in which the plaintiff purchased the defendant’s cigarillos.

The parties settled in March, with the defendant forking over $2.5 million in vouchers for its product to class members, those who purchased Swisher cigar products between Aug. 25, 2015, and Feb. 7, 2019. Class members who bought the Swishers under the five-for-the-price-of-three arrangement, as well as a number of variants on the “X for the price of X” formula, can claim up to five $1 vouchers.

Let’s hope they use the five dollars to buy five loose swishers instead of five in a box.

The Takeaway

Companies should be mindful of not making representations to consumers about the alleged existence of price reduction in hopes of increasing sales when consumers would be better off buying the product in smaller quantities. Making false representations of fact to consumers could make a company the target of a class action lawsuit for unlawful trade practices.

Jenny Craig Sheds $3 Million in TCPA Settlement

Long code auto dialer doesn’t provide cover, plaintiff says

Tricky Dials

Weight-loss megabrand Jenny Craig settled a Telephone Consumer Privacy Act (TCPA) class action back in January. The complaint, brought as a putative class action by Florida consumer Zoey Bloom, alleged that defendant Jenny Craig sent her text messages in March and April 2018 in violation of the TCPA, resulting in the invasion of privacy, harassment, aggravation and disruption of the daily life of thousands of individuals and sought monetary damages.

According to the complaint, the defendant sent the plaintiff unsolicited text messages using an automatic telephone dialing system, and the text messages constituted telemarketing because they encouraged the future purchase of defendant’s weight loss services. The plaintiff alleged that the messages were sent from a long code system that enabled the defendant “to send SMS text messages en masse, while deceiving recipients into believing that the message was personalized and sent from a telephone number operated by an individual.”

Bloom, of course, alleged that she had never given consent to receive these messages and sued Jenny Craig for willful and knowing violations of the TCPA.

The case, filed in May 2018 in the Southern District of Florida, settled in Jan. 2019.

Consumers who received similar texts between May 2014 and Sept. 2018 can apply for benefits from a $3 million fund that is made available by Jenny Craig. Although there are approximately 620,000 possible class members, individual awards are to be determined

The Takeaway

Companies sending promotional text messages to consumers should be aware of the obligations set forth under the TCPA, including obtaining proper consumer consent before sending promotional text messages using auto dialers. The requirements for compliance with the TCPA are complex and the statutory damages for noncompliance add up quickly.

Tootsie’s Charms Trade Dress Takes a Licking

Court issues preliminary injunction in favor of rival

Business Sucks

The lollipop wars have raged for nearly a century.

Spangler Candy Company’s Dum Dums brand was purchased by Spangler, the company that manufactures Circus Peanuts candy, in the 1950s and has been around since the 1920s.

Rival Tootsie Roll Industries produces the Charms Lollipop line, including the tiny Charms Mini Pops. Tootsie purchased the Charms line in the late 1980s, but the brand has been kicking around since 1912.

You can bet they keep an eye on each other.

Trading Dress?

In 2018, when a consumer notified Spangler that Tootsie’s packaging for its Mini Pops line bore a striking resemblance to the Dum Dums packaging, the company sprang into action with a Lanham Act (the Act) lawsuit. Spangler’s complaint alleges that Tootsie engaged in trade dress infringement and unfair competition under the Act when it chose to match Spangler’s distinctive package color and layout, which it had been using continuously since 2011. Spangler claims that Tootsie copies its distinctive trade dress without Spangler’s permission and that Tootsie is unfairly benefiting from Spangler’s investment in the Dum Dums trade dress and the reputation, success and goodwill that Spangler has cultivated through its marketing and promotion of its Dum Dums product.

“The trade dress is comprised of the bag’s principal color, red, with the brand name in white letters,” according to the plaintiff’s complaint, with “a display window showing the product, located in the lower half of the bag below the brand name and above a red bottom border of the bag; and a yellow oval located on the lower right hand side of the bag that covers a portion of the display window and has large blue numerals inside the yellow oval.”

Pretty specific. Spangler claims that Tootsie even copied the yellow palette boxes it uses to display the pops in box and warehouse stores.

The suit, which was filed a little less than a year ago in Ohio’s Northern District, took a positive turn for Spangler this month when the court granted it a preliminary injunction barring Tootsie from selling its Mini Pops in the offending packaging.

While the court noted that there was no evidence of actual confusion, the fact that Tootsie’s similarly designed bags were intended to be sold side by side with Dum Dums on store shelves indicated an intent to confuse customers. “Tootsie admits its consumers spend merely seconds picking out the package, basing the decision on recognition, possibly without even reading the package,” the court wrote. Given this lack of attention, the packages did not need to be identical, or even overtly deceitful, to violate Spangler’s trade dress. They just needed to be confusing.

The court agreed with Spangler that the confusion would result in a “loss of control of its reputation by allowing Tootsie to sell the same product in the confusingly similar bag” and that this would cause “irreparable harm since ‘loss of control over one’s reputation is neither calculable nor precisely compensable.’”

Although Tootsie objected over the expense the repackaging would incur, the court found that the loss of the Dum Dums brand’s “goodwill and reputation” outweighed Tootsie’s financial burden.

The Takeaway

In marketing their products, companies should be mindful not to infringe on the trade dress of another company’s product. Packaging that bears a resemblance to another product’s branding may cause confusion among consumers who spend very little time choosing a product based on its packaging.

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 to prevail. This happened recently in a class action alleging that Starbucks had misleadingly claimed that its sour gummy candies were only naturally flavored. To Starbucks’ credit, the gummies are actually naturally flavored. Plaintiff, however, purported to be outraged by the fact that the gummies contained fumaric acid, an artificial ingredient that helps make the gummies sour. This, in turn, led to the question debated by philosophers reaching as far back as Aristotle – “is sour a flavor?” Read more and subscribe to the AD-ttorneys Law Blog here.

Increased Scrutiny on Notice and Choice for Use of Ad Profiling, Especially Using Mobile Location Data

Regulators and consumer protection authorities are taking action against companies with regard to the notice and choice, or lack thereof, they are providing to consumers for the collection of their precise location data on mobile devices. The Digital Advertising Alliance (DAA) recently held a presentation that highlighted what transparency and choice consumers should be provided in connection with the collection of such location data. For one, the DAA requires that consumers be provided enhanced notice of location awareness for advertising purposes during the process of downloading the mobile application (pre-install), at the time the application is opened, or at the time such data is collected and, also, in the application’s settings or any privacy policy. For more information, see our blog post here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© BakerHostetler | Attorney Advertising

Written by:


BakerHostetler on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.