CSPI: Performance Enhancer Supplements Aren’t What They Seem -
Manufacturers need to start by including the advertised ingredients -
Double-Dog Dare You -
Would you eat something called Rauvolfia vomitoria? No? Of...more
8/11/2023
/ Advertising ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Greenwashing ,
Health Claims ,
Made in the USA ,
Marketing ,
Procter & Gamble ,
Product Labels ,
Recycling ,
Starbucks ,
Tagline
A potato-chip brand once famously boasted, “No one can eat just one.” And of course, no one can. But according to the Food and Drug Administration (FDA), you aren’t going to eat more than 16 (or 28 grams), because that is the...more
FTC Lays Out Some AI Ad Essentials -
But specific guidance isn’t here yet, so...let’s be careful out there....more
5/24/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
Class Certification ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Google ,
Holidays ,
Marketing ,
Misleading Statements ,
Nutrition Facts Labels ,
Public Meetings ,
Puffery ,
Snapchat
U.S. Copyright Office Keeps AI Out in the Cold -
Only humans can copyright, Office says -
Daisy, Daisy, Give Me Your Answer True -
The Copyright Office has weighed in with long-anticipated statement of policy...more
4/17/2023
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Consumer Complaint System ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Copyright Terms ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Intellectual Property Protection ,
Machine Learning ,
Mobile Apps ,
Music ,
New Guidance ,
Product Labels ,
Royalties ,
Song Lyrics ,
Subscription Services
Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group.
The challenge was...more
3/3/2023
/ Advertising ,
Agricultural Sector ,
Consumer Product Companies ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB
CSPI to FDA: Move to the Front!
Watchdog barks at industry efforts to highlight nutrition facts -
Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more
9/2/2022
/ Advertising ,
Children's Products ,
COPPA ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Influencers ,
Lanham Act ,
Made in the USA ,
Masks ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Nutrition Facts Labels ,
Personal Information ,
Product Labels ,
Right of Publicity ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
NAD Won’t Rename Supplement Maker -
Innovix Pharma loses on product claims but gets to keep its calling card.
Nerding Out -
Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
5/13/2022
/ Advertising ,
Class Action ,
Dietary Supplements ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Health Claims ,
Marketing ,
Misleading Statements ,
NAD ,
Pharmaceutical Industry ,
Telemarketing ,
Unfair or Deceptive Trade Practices
We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more
4/29/2022
/ Advertising ,
Breach of Contract ,
Class Action ,
Digital Assets ,
Distributors ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Made in the USA ,
Misleading Statements ,
Negligence ,
Non-Fungible Tokens (NFTs) ,
Product Labels ,
Security Breach
Trade Secret Case Unravels Unequal Fashion Partnership -
Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse.
The Royal She -
In high fashion, creative output is the whole game -...more
4/15/2022
/ Breach of Contract ,
Class Action ,
Conversion ,
Copyright ,
Enforcement Actions ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Misappropriation ,
Permanent Injunctions ,
Product Labels ,
Robocalling ,
Trade Secrets ,
Unfair Competition ,
Unjust Enrichment
L’Oréal Gets Pancaked by False Origin Suit -
Famous beauty products made in...Arkansas? ...more
Plaintiffs’ Bar Waves Another Maddening Flag at Olé - Repeat of Cali origin case makes New York claims - Qué Pasó? Back in May, we covered a case that raised a bushel of interesting questions about origin claims....more
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more
Will COPPA Enter Its Surly Teenage Years as CTOPPA? Bipartisan bill aims to beef up everyone’s favorite kiddie privacy law - Data-luge - It’s now a truism of our collective pandemic experience that the mass adoption of online...more
BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more
5/12/2021
/ Advertising ,
Class Action ,
COPPA ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Product Labels ,
Robocalling ,
Scams
Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more
4/12/2021
/ Advertising ,
Bitcoin ,
Cannabidiol (CBD) oil ,
E-Commerce ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food Labeling ,
GMO ,
Marketing ,
Online Marketplace ,
Pharmaceutical Industry ,
Reimbursements ,
Wire Fraud
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
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
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
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
Ben & Jerry’s ‘Happy Cows’ Case Comes to a Sad End - Misrepresentation claims were skim, not whole - Bovinity Divinity? We have several updates to previous stories this week, and the list kicks off with a class action brought...more
NCAA Sets College Athlete Endorsements Free - College stars will be allowed to strike deals but should expect limits - Throwing the Gates Open - It’s difficult for the sports world to generate headlines in the middle of...more
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