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The FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Consumer Reviews, and Weight Loss Claims

In an enforcement action akin to an advertising law issue spotting exam, the FTC announced this week a settlement with a telemedicine company and its principals for allegedly using misleading pricing claims that failed to...more

Two Class Actions Take a ShOt at Substantiation for Lemme’s GLP-1 Daily Supplement

Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively....more

Highlights from the 2024 National Advertising Division Conference

Last week, advertising and legal professionals, experts, regulators, and business representatives convened in New York for the annual National Advertising Division (NAD) Conference to consider hot topics, share perspectives...more

Taking a ShOt at GLP-1 Weight Loss

As the demand for GLP-1 drugs like Ozempic and Wegovy increases with consumers eager to shed pounds, the supplement industry is weighing in. Dietary supplement companies have been considering ways to address this new demand...more

Proposed New York Restrictions on Food and Beverage Advertising Threaten to Open Litigation Floodgates

On March 12, the New York State Senate voted to include food and beverage advertising restrictions in its proposed budget, NY S8308-B. These restrictions were originally introduced as NY S213-B, which characterizes...more

Spilling the Tea on Made in USA Claims

We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification in the...more

Food + Personal Care Product Litigation and Regulatory Highlights – February 2023

This past week, the internet lit up over whether it was okay for President Biden and the First Lady to order the same dish at the Red Hen. In this issue, we invite you to read the February highlights on clean labeling false...more

Beverage Makers Served A Reminder By Kombucha False Advertising Case

Anyone who has strolled the supermarket alcohol aisle in recent months may fairly stand in awe of the proliferation of boozy and not-so-boozy drinks in pretty packages, with small cans and pastel colors making it difficult to...more

Insurance Recovery for the Supply Chain Crunch

As the world economy continues its rapid but unpredictable rebound from the COVID-19 pandemic, record shortages and shipping delays due to global supply chain issues have become commonplace. If your business has experienced...more

NYC’s Biometric Identifier Information Law: Are You Covered?

New York City’s Biometric Identifier Information Law (BII Law), which went into effect on July 9, 2021, addresses the collection and use of biometric identifier information (BII) by commercial establishments to track customer...more

Court To Decide If Insurance Covers Biometric Data Claims in BIPA Dispute

The Illinois Biometric Information Privacy Act (BIPA), has become increasingly popular with the plaintiffs’ bar. BIPA provides a private right of action to recover potentially astronomical damages for inadvertent use or...more

Ransomware Attacks on the Rise: Will Cyber Insurance Protect You?

In just one year, ransomware attacks reported to the New York State Department of Financial Services (“DFS”) have almost doubled. In these incidents, a cyber-attacker installs malware that encrypts a victim’s computer...more

New York City Recognizes LGBT-Owned Businesses as Minority-Owned Businesses — Here Are the Details

New York City now recognizes LGBT-owned businesses as minority-owned businesses, which will give LGBT-owned businesses an opportunity to compete for billions of dollars of government contract opportunity. This new designation...more

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