Category Archives: ftc

Preemption and dormant commerce clause challenges to Cal. Made in US law fail

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015)   Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the … Continue reading

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Click click boom: affiliate marketing network liable for affiliates’ false advertising

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015)   The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products … Continue reading

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ANA conference: native advertising

The Natives Are Restless: Legal Perspectives On Native Advertising   John P. Feldman, Partner, Reed Smith LLP: ads have been considered deceptive for not disclosing they are ads/source.  Native ads = sponsored content formatted to fit seamlessly into modern media. … Continue reading

Posted in advertising, commercial speech, conferences, disclosures, first amendment, ftc, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

ANA conference: keynotes

2015 ANA Conference Keynote Address: Michael O’Rielly, Commissioner, FCC Missed most of this due to transit, but he thanked advertisers for defending their interests before the FCC and said they should be involved before an issue reaches his desk.  Not … Continue reading

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Pom squad at the DC Circuit

POM Wonderful, LLC v. Federal Trade Comm’n, No. 13-1060 (D.C. Cir. Jan. 30, 2015)   POM ran ads from 2003 to 2010 touting medical studies that supposedly showed that daily consumption of POM products could “treat, prevent, or reduce the … Continue reading

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DC rejects POM’s FTC challenge

Via the Consumer Law & Policy Blog.  I must digest both lunch and this ruling, but I will definitely have more to say soon. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Q of the day: is this enough disclosure?

Steve Clowney argues that Prawsfblawg’s disclosures of West-sponsored content aren’t enough, given how much a sponsored post looks like a regular post.  How would you advise a client to comply with the FTC’s guidance here?  Would the purported sophistication of … Continue reading

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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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the intersection of FTC US origin guidelines and the Lanham Act

A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed.  This opinion granted in part Deauville’s motion to dismiss. … Continue reading

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stricter California rule on Made in USA claims not preempted

Paz v. AG Adriano Goldschmeid, Inc., No. 14cv1372, 2014 WL 5561024 (S.D. Cal. Oct. 27, 2014) Paz sued AG, alleging that its “The Protégé” brand jeans were misleadingly marked with a “Made in the U.S.A.” label; he allegedly relied on … Continue reading

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