Newsletters

07.16.19

Eddie Bauer Fights Back Against Suit Claiming False Email Subject Lines

Email subject lines have been the subject of several lawsuits in the past several years under state spam laws.


07.16.19

Beer Brand Battle Continues With Preliminary Injunction

A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit.


07.16.19

Body Lotion or Drug? Case Moves Forward

Did Nivea’s claims for its Skin Firming Hydration Body Lotion push the product into the category of a drug requiring approval from the Food and Drug Administration (FDA)?


07.16.19

Ninth Circuit Upholds Arbitration Provision in Online Consumer Contract

In the recent case In re Randall Holl, the U.S. Court of Appeals, Ninth Circuit reviewed an online arbitration agreement that implicated a combination of the clickwrap and incorporation by reference principles, enforcing an arbitration agreement it viewed as on the “outer limits” of ...


07.09.19

Influencer Disclosures: FTC Helps ERSP Secure Alo Yoga’s Cooperation

In a win for self-regulation, eight months after referring a matter involving Instagram posts for Alo Yoga to the FTC, the Electronic Retailing Self-Regulation Program (ERSP) secured the company’s agreement to modify the posts to bring them into compliance with the FTC’s Endorsement ...


07.09.19

NAD Recommends Baby Monitor Improve Disclosure of Information Gathering

Product disclosures for Owlet Baby Care’s Smart Sock baby monitor should be modified to make clear to consumers the “information-gathering nature of the device,” the National Advertising Division (NAD) recommended in a new decision.


07.09.19

Court Holds Delta’s Privacy Policy Isn’t a Contract

Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a contract and Delta did not have any enforceable obligation to keep the ...


06.28.19

Utah Seeks Capped Spending, Partial Expansion with Enhanced Match

On May 31, 2019, Utah released a draft Section 1115 waiver application, the Per Capita Cap Demonstration, for public comment.


06.27.19

FTC, FDA Caution E-Cig Companies About Influencer Marketing

The Federal Trade Commission (FTC) and Food and Drug Administration (FDA) sent warning letters to four companies that manufacture and market flavored e-cigarettes, expressing concern about their influencer marketing practices on social media.


06.27.19

Tech Company Settles Data Security Action With FTC

An Iowa tech company reached a deal with the Federal Trade Commission (FTC) to settle allegations that the company’s poor data security practices resulted in a breach that exposed the personal information of millions of consumers.