Category Archives: disclosures

Pinterest, sponsorship, and copyright

Fascinating story on top pinners on Pinterest, which suggests that Pinterest’s policies deter people from disclosing sponsorships (which the FTC wants them to do; could it go after Pinterest for deterring users’ compliance?), and also contains the interesting note that … Continue reading

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Reading list: facts versus opinions in mandatory disclosure

Daniel E. Herz-Roiphe, Stubborn Things: An Empirical Approach to Facts, Opinions, and the First Amendment From the intro: [This] essay reports the results of an original survey that presented respondents with the actual disclosures at issue in a number of … Continue reading

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Reading list: irrationally sticky defaults

Robert Letzler, Ryan Sandler, Ania Jaroszewicz, Isaac Knowles, and Luke M. Olson, Knowing When to Quit: Default Choices, Demographics and Fraud, Oct. 8, 2014 Abstract: A long literature in psychology and economics has shown that default options influence consumer choices, … Continue reading

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Avis tries harder–to obscure extra fees

Schwartz v. Avis Rent A Car System, LLC, 2014 WL 4272018, No. 11–4052 (D.N.J. Aug. 28, 2014) I’m blogging this case because of its discussion of the use of consumer perception experts in class actions, which seems to be on … Continue reading

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COOL story, part 3: dissents

Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. Reynolds and unfairly revisited. Judge Brown also dissented, quite vigorously. Under the majority’s reasoning, “a business owner no longer has a constitutionally protected right … Continue reading

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COOL story, part 1: DC Circuit upholds country of origin labeling rule

American Meat Institute v. U.S. Dep’t of Agriculture, No. 13-5281 (D.C. Cir. July 29, 2014) The D.C. Circuit here, en banc, upholds country of origin labeling (COOL) requirements for meat, and in the process holds that Zauderer’s standard for compelled … Continue reading

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Pom Wonderful and other misleading food claims

Alan Levinovitz has a great article in Slate about scientific claims on food, which he argues are both misleading us and making us dumber.  You should read the whole thing, not least because he (perhaps with tongue in cheek?) calls … Continue reading

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