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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.
New IAB/4As Standard Terms Published The Interactive Advertising Bureau and 4As recently published the latest version of their Standard Terms and Conditions for Internet Advertising. What are they, and how can they be used?
Appellate Court Upholds Verdict Against Company President in False Advertising Suit Regarding Fruit Juice A distributor of pure pomegranate juice sued a competitor company and its president under the Lanham Act and California's false advertising and unfair trade practices statutes alleging that ads which claimed their juice was "100%" pure pomegranate juice with "no sugar added" were false, and the defendants knew or should have known that they were not true.
The Truth Is Not Always Enough When it comes to the rules of advertising, many remain confused by the legal doctrine that while a statement can be literally true, it still can be considered false or deceptive. Three advertisers learned recently this lesson the hard way in the last few weeks when the National Advertising Division of the Better Business Bureau (NAD) recommended that certain of their marketing claims, while literally true, should be discontinued.
Proposed Legislation Threatens Legitimate Suppliers and Media Businesses Many marketers may be in favor of the proposed Wall Street Reform and Consumer Protection Act of 2009(H.R. 4173) recently passed by the House in December 2009 and currently before the Senate because the bill seeks to address elements which caused the current financial crisis. Unfortunately, the devil is in the details. The proposed legislation is purportedly intended to provide for financial regulatory reform, to protect consumers and investors, to enhance Federal understanding of insurance issues, to regulate the over-the-counter derivatives markets. However, hidden within the proposed legislation is the "Improvements to the Federal Trade Commission Act" and other provisions that would significantly expand the authority of the Federal Trade Commission (FTC) beyond the massive powers the agency already possesses. These proposed changes will place legitimate marketers, suppliers, and media businesses in an even more precarious position. Indeed, the DMA has gone so far as to call the proposed enhancements "The FTC on steroids."
Advertising Trade Groups Agree on Icon and Wording to Indicate Compliance With Behavioral Advertising Self-Regulation A broad coalition of advertising associations have agreed on an icon and an information disclosure statement to consumers who are receiving online advertising.
New York Attorney General Settles with Fandango and Investigates 22 Online Retailers for Linking Consumers to Discount Clubs New York Attorney General forges groundbreaking agreement with Fandango to protect online shoppers from hidden charges.
FTC Rejects FDA Defense in Dietary Supplement Marketing Action In a recent administrative opinion, the Federal Trade Commission (FTC) rejected a defense that the marketing of dietary supplement products within FDA so-called structure and function claims, precluded enforcement by the FTC of deceptive health claims.
New York Attorney General Sues Marketer and Finance Company of Home Study Courses The New York Attorney General has sued not just the marketer, but the finance company that processed the contracts company to recover for alleged false advertising by marketer, even though the finance company was not alleged to have been involved in active wrongdoing. In its announced lawsuit, the Attorney General sued State National Training Services, Inc (SNTS) a marketer of study at-home courses, alleging that they falsely represented that purchasers of their $1000 course materials would obtain jobs. |
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