Podium P-O-V: Observations From Marc Roth on ERA’s Great Ideas Summit -
I recently had the pleasure of participating on an “Advocacy Update” panel at the Electronic Retailing Association’s Great Ideas Summit in Miami...more
2/13/2015
/ Advertising ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet ,
Internet of Things ,
Personal Data Notification and Protection Act ,
Retailers ,
ROSCA ,
Weight-Loss Products
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
Safeway Must Pay Customers for Higher Online Prices -
A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more
1/23/2015
/ Advertising ,
Breach of Contract ,
Dish Network ,
False Advertising ,
Federal Trade Commission (FTC) ,
Grocery Stores ,
Internet Retailers ,
Misrepresentation ,
NFL ,
Retailers ,
Right of Publicity ,
Safeway Inc ,
Video Games
SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” -
In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more
1/15/2015
/ Advertising ,
Cramming ,
Data Brokers ,
Eastman Chemical ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Gerber ,
Lanham Act ,
Manufacturers ,
Marketing ,
Scientific Speech ,
T-Mobile
SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward:
A putative class action alleging that LinkedIn Corp. violated their right of...more
12/8/2014
/ Advertising ,
Anti-SLAPP ,
Communications Decency Act ,
False Advertising ,
Federal Trade Commission (FTC) ,
First Amendment ,
FTC v Wyndham ,
Google ,
LinkedIn ,
Mediation ,
NAD ,
Putative Class Actions ,
Right of Publicity ,
Search Engines ,
SEO ,
Social Networks ,
Wyndham
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
Red Bull’s $13M False Ad Deal Crashes Site -
Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more
10/31/2014
/ Advertising ,
Data Mining ,
False Advertising ,
Federal Trade Commission (FTC) ,
Instagram ,
Marketing ,
NARB ,
NFL ,
Photographs ,
Pinterest ,
Red Bull ,
Right of Publicity
Use of Flawed Study Results in $3.5M Settlement with FTC -
For relying upon the results of a flawed study to make what the Federal Trade Commission characterized as “baseless” and “hopelessly flawed” weight-loss claims...more
COPPA Gets Parental Consent Updates -
With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more
Suit Seeks To Include E-Mail Address Under Song-Beverly Protections -
First zip codes, now e-mail addresses?
According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...more
Online Reviews Not Sufficient To Support Ad Claim, NAD Rules -
While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more
7/14/2014
/ Advertising ,
Coca Cola ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Lanham Act ,
NAD ,
POM Wonderful ,
POM Wonderful v Coca Cola ,
Redskins ,
SCOTUS ,
Social Media
Don’t Forget: FTC Settlement Over Memory Claims -
The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more
W3C Reaches Milestone: “Do Not Track” Specification Set -
The road to establish an industry standard for Do Not Track has been long and winding.
Last year, efforts at consensus stalled, grinding the work of the...more
5/14/2014
/ Advertising ,
APIs ,
Class Action ,
Digital Advertising Alliance ,
Do Not Track ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Marketing ,
Settlement ,
Vibram
NAD Decision Offers Reminder About Use of Before and After Pictures -
“Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more
SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs -
On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more
FTC Settles With ADT Over Deceptive Endorsements -
Don’t believe everything you see on TV or read on the Internet – at least not from ADT Security Systems.
According to an administrative complaint filed by the...more
9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit -
The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more
FTC Drives Car-Related False Ad Suit to Settlement -
The Federal Trade Commission recently settled charges with Nissan North America and its advertising agency over deceptive advertising for the Nissan Frontier pickup...more
High-Profile Mistake Could Cost Data Brokers:
Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry?
The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more
SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings -
Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a...more
FTC Shines a Light on Flashlight App’s Geolocation Data Sharing -
In the agency’s first action involving geolocation data, Goldenshores Technologies, LLC, settled charges with the Federal Trade Commission that the...more