Recent Articles

FDCA preempts claims over Aquafana

December 10, 2008 16:42

Finding their claims preempted by the Food Drug and Cosmetic Act (FDCA), the United States District Court for the Southern District of New York dismissed a class action complaint against Pepsico, Inc. over the labeling of its Aquafina bottled water.... Finding their claims preempted by the Food...

FTC's Guides on Endorsements and Testimonials

December 01, 2008 22:19

The Federal Trade Commission is seeking comments on proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. Endorsements and testimonials are advertising messages that consumers are likely to believe reflect the opinions, beliefs, findings, or...The...

Classmates are not looking for you

November 18, 2008 21:07

Wired notes that a California man filed a lawsuit against classmates.com for allegedly misrepresenting that former classmates were looking for him on line. According to the complaint, the plaintiff paid $15 for a subscription to the social networking site, which...Wired notes that a California man...

NAD: Green Works as good as most, for most

September 16, 2008 19:15

The National Advertising Division (NAD) recommended that The Clorox Co. (Clorox) modify unqualified parity claims for its line of Green Works household cleaning products. The Clorox Co., Green Works, (Case #4882 07/17/08). S.C. Johnson & Son, Inc. challenged a number...The National Advertising...

Sparking a Lawsuit

September 08, 2008 20:59

The Center for Science in the Public Interest (CSPI) has filed a lawsuit against MillerCoors Brewing Company to stop it from selling its alcohol-energy drink, Sparks. The complaint alleges that MillerCoors' advertising and marketing violates the DC Consumer Protection Procedures...The Center for...

False Advertising Claims by Syncsort Dismissed

July 22, 2008 17:30

In an unpublished opinion, the U.S. District Court for the District of New Jersey granted a defendant’s motion for summary judgment dismissing a false advertising claim for damages because the plaintiff did not provide any evidence that consumers relied on...In an unpublished opinion, the U.S. D...

Civil Penalties for Spyware?

July 22, 2008 17:22

In testimony before the Senate Committee on Commerce, Science, and Transportation, the Deputy Director of the Federal Trade Commission's Bureau of Consumer Protection, Eileen Harrington, explained that "legislation authorizing the Commission to seek civil penalties in spyware cases could add...In...

FCC to examine product placement

July 01, 2008 13:57

Because of the increasing prevalence of technology such as Tivo and digital video recorders, the Federal Communications Commission believes that networks might be turning to more subtle means of advertising, such as product placement, to capture revenue. As a result...Because of the increasing...

Green Guides Workshop III

June 23, 2008 18:47

On July 15, 2008 the Federal Trade Commission will hold its third workshop related its regulatory review of the Green Guides. The focus of this workshop will be developments in environmental claims for building and textiles and the consumer perception...On July 15, 2008 the Federal Trade Commission...

FACTA class actions are over

June 04, 2008 15:56

Yesterday the President signed into law H.R. 4008, the "Credit and Debit Card Receipt Clarification Act of 2007." Now Public Law No. 110-241, the statute provides that it is not a "willful" violation of FACTA to fail to remove the...Yesterday the President signed into law H.R. 4008, the...