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Do's and Don'ts of Mobile Marketing Law A panel of lawyers discussed important issues for every mobile marketer during the "Legal Dos and Don'ts" panel at Mobile Marketing Day, hosted last week by Mobile Marketer and the Direct Marketing Association. Included in the panel was Andy Lustigman. The agenda included insight into law enforcement related to mobile marketing, important cases and best practices, including tips for mobile contests, sweepstakes and promotions. Mobile Marketer's summary of the presentation can be found here.
Dannon Settles Class Action Challenging "Clinically" and "Scientifically" Proven Health Claims For $45 Million The Dannon Company recently settled a Northern District of Ohio class action which challenged the company's claims that its Activia and DanActive yogurts were clinically or scientifically proven to help regulate the body's digestive system. The settlement is being characterized as one of the largest settlements of food false advertising case and highlights the importance of ensuring that a marketer's level of claim support matches the advertised claim.
Colorado Passes Two Restrictive DM Taxes The state of Colorado recently passed two laws which apply to the direct marketing industry. Both laws went into effect on March 1, 2010. One of the laws applies particularly to out of state sellers who do not collect and remit Colorado sales tax.
Privacy/Security Service ControlScan Settles FTC Charges The FTC settles another privacy-related case, this one against a provider of privacy and security seals for Web sites.
Proposed Dietary Supplement Bill Seeks to protect Consumers while placing Greater Burden on Manufacturers Manufacturers, distributors and retailers of dietary supplements have become the target of new legislation proposed by Senator McCain and co-sponsored by Senator Dorgan. S.3002, The Dietary Supplement Safety Act of 2010, is currently pending before the United States Senate. The proposed legislation seeks to modify the Food, Drug, and Cosmetic Act and the Dietary Supplement Health and Education Act of 1994 ("DSHEA") on matters relating to safety. Please contact us with any questions or comments. Attorney Advertising The views, opinions, statements, analysis and information contained in these materials are those of the individual authors and do not necessarily reflect the views of The Lustigman Firm, P.C. or any of its past, present and future clients. These materials (1) do not constitute legal advice; (2) do not form the basis for the creation of the attorney/client relationship; and (3) should not be relied upon without seeking specific legal advice with respect to the particular facts and current state of the law applicable to any situation requiring legal advice. These materials may only be reproduced with the prior written consent of The Lustigman Firm, P.C. These materials are provided with the understanding that the authors and The Lustigman Firm, P.C. are not rendering legal, accounting, or other professional advice or opinions on specific facts or matters, and, accordingly, such entities assume no liability whatsoever in connection with their use. |
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