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
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
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
Last week, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Columbia against Procter & Gamble to enjoin the consumer goods company from acquiring New York-based...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
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
“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
First Amendment Rescues Butter Marketing from Regulation’s Hot, Hot Knife - Miyoko’s Kitchen can keep buttering up consumers, but must let the hormones go - Precious?...more
Hemp and CBD Supplements: Free at Last? Bipartisan sponsors introduce House bill to clear marketing haze - It’s a Mouthful - Hemp-derived and CBD product manufacturers are feeling hopeful....more
Plaintiff: Salmon Farmer’s All-Natural Claims Are, You Know, Fishy - Consumer expectations front and center in new class action against Ducktrap Salmon - Wide Net - According to its own account, Mowi, a Norwegian fish-farming...more
Consumers Sue Mobile App Maker Over Loot Boxes - Supercell singled out for creating a gambling space for youngsters - Too Old for This - We need a minute. Just a minute. Our heads are throbbing. We just got through looking at...more
8/31/2020
/ Advertising ,
Class Action ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Gambling ,
Games ,
In-Game Purchases ,
Loot Boxes ,
Marketing ,
Mobile Apps ,
Scams
The Interactive Advertising Bureau (IAB), a leading advertising industry organization, has launched a CCPA Benchmark Survey to assess how companies across the digital advertising ecosystem are approaching CCPA compliance. The...more
8/28/2020
/ Advertising ,
Benchmarking ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Consumer Privacy Rights ,
Cookies ,
Corporate Branding ,
Interactive Advertising Bureau ,
Mobile Apps ,
Publishers ,
Request For Information ,
Risk Management ,
Surveys ,
Targeted Digital Advertising ,
Web Tracking
Finally, CCPA Regs Become Final – but Wait, There's More…or Less… On Aug. 14, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Regs) under the...more
8/26/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
False Advertising ,
Federal Trade Commission (FTC) ,
Information Governance ,
Office of Administrative Law ,
Personally Identifiable Information ,
Scams ,
Social Media ,
Twitter
I’m Counting, and I Can’t Add Up! Is medical alert systems manufacturer Life Alert fudging some deadly serious numbers? League of Legends - “I’ve fallen, and I can’t get up!” The genius who cooked up this line belongs in the...more
Alleged COVID-19 Treatment Claims Land Doc in Hot Water - CSPI and friends send letters to FTC, FDA about dangerous ‘coronadvice’ - Abbondanza! - You have to hand it to Joseph Mercola. He went all in....more
Bumble Settles over Multistate Dating Lawsuit - Company allegedly renewed services without consent - All the Young Dudes - For a while there, online dating was beginning to look IRLish. ...more
Delayed Shipping Scams Get Their Turn in the Spotlight - FTC brings out MITOR for a new species of COVID-19 con - A Hundred Rip-Offs Bloom - Back at the beginning of July, the Federal Trade Commission (FTC) released stunning...more
The Department of Justice (DOJ) recently outlined proposed reforms to Section 230 of the Communications Decency Act of 1996. Section 230 has been in place since the early days of the Internet and protects online platforms...more