Will Coppertone Get Burned for Its Labels?
Consumer class action alleges sunscreens are all the same -
It’s Not Much, But It’s Something -
Through the years, Coppertone - the sun protection products brand owned...more
8/3/2022
/ Advertising ,
Brand ,
Class Action ,
Confidential Information ,
Consumer Product Companies ,
Copyright ,
Corporate Branding ,
Do Not Call List ,
False Advertising ,
Logos ,
Marketing ,
Mobile Apps ,
Product Labels ,
Product Packaging ,
Standing ,
Subscription Services ,
TCPA ,
Text Messages ,
Trade Secrets ,
Unfair Competition ,
YouTube
TINA Investigation Sours on HelloFresh -
America’s #1 food-box provider is deploying dark patterns, says watchdog -
See-Through?
When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more
7/15/2022
/ Advertising ,
Data Privacy ,
Fashion Design ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Incentives ,
License Renewals ,
Loss of Goodwill ,
Material Disclosures ,
NAD ,
Natural Products ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Transparency ,
Web Browsers
In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more
6/23/2022
/ Advertising ,
Advertising to Minors ,
Brand ,
Consumer Protection Laws ,
Copyright ,
Digital Media ,
E-Commerce ,
Influencers ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Regulatory Requirements ,
Social Networks ,
Targeted Digital Advertising ,
Trademarks
No More Social Fix for Cali Kids?
New state bill targets social media addiction -
Vertigo 2.0 -
There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
6/17/2022
/ Advertising ,
Advertising to Minors ,
Case Consolidation ,
Class Action ,
FCC ,
Foreign Entities ,
Internet Retailers ,
Minors ,
Mobile Apps ,
NAD ,
New Rules ,
Online Platforms ,
Pricing ,
Proposed Legislation ,
Retailers ,
Robocalling ,
Settlement Agreements ,
Social Media ,
Spoofing ,
Telecommunications ,
Telephone Service Providers ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients -
Please Ignore This Section if You Are Easily Annoyed -
Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
6/3/2022
/ Advertising ,
Alternative Medicine ,
Beverage Manufacturers ,
Class Action ,
Federal Trade Commission (FTC) ,
For Profit Education ,
Labeling ,
Made in the USA ,
Manufacturers ,
Misleading Statements ,
NAD ,
Natural Products ,
Nutrition Facts Labels ,
Puffery ,
Zillow
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
CafePress Owners Nabbed for Failing to Protect Consumer Data -
Company left Social Security numbers out and unencrypted, then hid the data breach...more
3/31/2022
/ Advertising ,
Children's Products ,
Class Action ,
Country of Origin ,
Data Breach ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Natural Products ,
Personal Information ,
Product Labels ,
Sensitive Personal Information
L’Oréal Gets Pancaked by False Origin Suit -
Famous beauty products made in...Arkansas? ...more
Washington State Debates Personal Data Protections -
Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more
2/3/2022
/ Advertising ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
Ethereum ,
Federal Trade Commission (FTC) ,
NAD ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking
FTC Wants Input on Impersonation - COVID-19 era sees flood of fakery, but why? Trendlines - It’s a common theory that the COVID-19 pandemic accelerated changes that were already bubbling beneath the surface of our lives —...more
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...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
China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...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
Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more
Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more
The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more
Swamped Commission Gets Compulsory Life Preserver - Rising tide of merger filings cited to justify new compulsory process resolutions - Multi-Foci - After a 3-2 vote, the Federal Trade Commission (FTC or Commission) approved...more
Starbucks Ads are Up to Puff, For Now - Pity the puff – so often cited as a reason why an advertising statement is not a claim, yet so rarely with success. And just by way of a quick review, a puff is an advertising statement...more
American businesses are under intense pressure to show a commitment to addressing climate change. One form of expressing that commitment will be through advertising. Companies claim to offer “green” products, target “net-zero...more
Gruesome Murder Docudrama True Enough for New York’s Supreme Court -Right-to-privacy protections don’t kick in for murderer represented in “broadly accurate” TV movie - Matlock! According to Variety, “Romeo Killer: The Chris...more
‘Blessing Loom’ Club Just a Pyramid in Drag? FTC says BINT was fleecing participants while demanding vows of silence - Migraines in No Time - There are all sorts of new-agey trappings that accompany the “Blessing Loom” known...more
CARU Warns Kids Off of Consuming Sugary, Fruit-Scented Doll Tears - Sometimes you write a title so strange that a subtitle seems superfluous - Kids Today - The holy grail of toy manufacturing is the collectible—the marketing...more
CARU Pats Unity Technologies on Back, Sends It on Its Way - Inquiry into possible COPPA violations finds the company clean as a whistle - Kumbaya - Normally our newsletter is filled with reports of chicanery,...more