Newsletters

08.14.14

FTC Keeps It Negative

On September 16-18, 2014, the Electronic Retailing Association will host over 3,400 of the nation’s leading direct response industry professionals at its annual D2C Convention in Las Vegas.


08.06.14

Google Can’t Dodge Class Action Over Kids’ In-App Purchases

A federal court judge in California denied Google’s motion to dismiss a suit brought by a parent who alleged that the company engaged in deceptive advertising by marketing apps as “free” in Google Play and then inducing minors to purchase in-app content, such as virtual supplies, ...


07.30.14

Cactus Drink Maker Agrees to $3.5M FTC Settlement

Dietary supplement company TriVita, Inc. will pay $3.5 million and face restrictions on future health claims to settle charges with the Federal Trade Commission that the company falsely marketed its cactus-based fruit drink with unsupported claims that the drink could treat a variety of health ...


07.25.14

Suit Seeks To Include E-Mail Address Under Song-Beverly Protections

According to a new complaint filed in California federal court against Express Fashion Apparel, LLC, the retailer’s collection of a customer’s phone number and e-mail address during a credit card transaction violates the state’s Song-Beverly Act.


07.16.14

Donna Wilson Invited to Speak on TCPA Developments

On July 25, 2014, Manatt litigation partner Donna Wilson will speak at a session titled “All About the Telephone Consumer Protection Act” during Bridgeport Continuing Education’s Advertising, Marketing & Media Law: Litigation & Best Practices Seminar.


07.11.14

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules

While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated online reviews was insufficiently reliable and representative to support a claim that its vacuum was “America’s Most ...


06.12.14

NAD, N.Y. Federal Court Deal With GMO Claims

Genetically modified organisms continue to present advertisers with problems, as evidenced by new decisions from a New York federal court and the National Advertising Division.


06.06.14

Native Advertising Needs Better Disclosures, Says NAD

Taking another look at native advertising, the National Advertising Division recommended that Internet-based ad company Taboola modify its “recommendation widget” so that consumers can more clearly understand that clicking on links will take them to sponsored content.


05.29.14

Schwarzenegger Sues Over Publicity Rights

The Governator has filed a $10 million suit alleging that Nevada-based Arnold Nutrition Group “brazenly stole[] and exploited” his likeness to market its products in violation of his right of publicity.


05.13.14

$3.75M Settlement Reached In “Barefoot” Running Shoe Suit

To settle a false advertising suit challenging claims for its five-toed running shoes, Vibram USA agreed to pay a total of $3.75 million and change its marketing practices.