Tag Archives: disclosures

Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage

Posted on June 27, 2016 by rtushnet

Woodard v. Labrada, 2016 WL 3436434, No. 16-00189 (C.D. Cal. May 12, 2016) Woodard brought a putative class action alleging that various defendants (Media Defendants) misrepresented the weight loss benefits of weight loss supplement products made by the Manufacturing Defendants. … Continue reading →

Posted in Uncategorized | Tagged Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage commercial speech, disclosures, false advertising | Leave a comment

Court upholds SF’s required warning on sugar-sweetened beverage ads, including pure logos

Posted on May 23, 2016 by rtushnet

American Beverage Association v. City & County of San Francisco, No. 15-cv-03415 (N.D. Cal. May 17, 2016) The court denied plaintiffs’ attempt to enjoin a sugar-sweetened beverage warning imposed on certain soda ads by San Francisco. The warning is: … Continue reading →

Posted in Uncategorized | Tagged commercial speech, Court upholds SF's required warning on sugar-sweetened beverage ads, disclosures, first amendment, including pure logos advertising | Leave a comment

Notre Dame Deception Roundtable, part 3

Posted on May 20, 2016 by rtushnet

Session 3 – Defamation and Speech Discussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey Silbey: Alvarez and a theory of deception as speech. The three opinions are helpfully, though perhaps erroneously, talking about bad speech in three … Continue reading →

Posted in Uncategorized | Tagged disclosures, first amendment, Notre Dame Deception Roundtable, part 3 conferences, trademark | Leave a comment

Hidden connections between doctors and the drugs they promote

Posted on March 2, 2016 by rtushnet

The violations of the FTC Endorsement Guidelines seem very clear in the stories recounted by this Boston Globe investigation. H/T ST. from Blogger http://ift.tt/1UyHnQD

Posted in Uncategorized | Tagged disclosures, false advertising, ftc, Hidden connections between doctors and the drugs they promote advertising | Leave a comment

Cardozo Law Advertising Conference Panel 2: Native Advertising

Posted on February 26, 2016 by rtushnet

Moderator Felix Wu | Professor and Faculty Director, Cardozo Data Law Initiative, Benjamin N. Cardozo School of Law Panelists: Shelly Paioff | Deputy General Counsel & Head of Legal, US, Taboola: Taboola is a content recommendation platform—publishers like NBC, … Continue reading →

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UK ASA rejects “#sp” as insufficient to show editorial control over endorser

Posted on November 18, 2015 by rtushnet

From a ruling on a sponsored Instagram post for Britvic soft drinks: We considered consumers needed to be aware that they were viewing marketing content prior to engagement, meaning that they should know that they were selecting an ad to … Continue reading →

Posted in Uncategorized | Tagged disclosures, UK ASA rejects "#sp" as insufficient to show editorial control over endorser advertising | Leave a comment

Shoulda left my phone at home: court upholds most mandatory disclosure of radiation risks

Posted on October 1, 2015 by rtushnet

CTIA – The Wireless Association v. City of Berkeley, No. C-15-2529 (N.D. Cal. Sept. 21, 2015) CTIA is a nonprofit that represents the wireless industry, including cell phone retailers. Berkeley enacted an ordinance that requires cell phone retailers to … Continue reading →

Posted in Uncategorized | Tagged disclosures, first amendment, Shoulda left my phone at home: court upholds most mandatory disclosure of radiation risks consumer protection | Leave a comment

Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor’s harassment

Posted on August 26, 2015 by rtushnet

Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc., No. 13-20250 (5th Cir. Aug. 21, 2015) The parties, test prep companies, have competing claims to TESTMASTERS as a trademark, and have been litigating for over a decade. … Continue reading →

Posted in Uncategorized | Tagged disclosures, Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor's harassment commercial speech, first amendment, trademark | Leave a comment

DC Circuit panel doubles down on invalidating conflict minerals disclosure

Posted on August 24, 2015 by rtushnet

Nat’l Ass’n of Mfgrs v. SEC, No. 13-5252 (D.C. Cir. Aug. 18, 2105) After the AMI en banc decision, the panel granted rehearing of National Association of Manufacturers v. SEC, 748 F.3d 359 (D.C. Cir. 2014). The panel, over … Continue reading →

Posted in Uncategorized | Tagged commercial speech, DC Circuit panel doubles down on invalidating conflict minerals disclosure advertising, disclosures, first amendment | Leave a comment

Reading list: Christine Jolls on visual disclosures

Posted on July 7, 2015 by rtushnet

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading →

Posted in Uncategorized | Tagged disclosures, false advertising, first amendment, reading list, Reading list: Christine Jolls on visual disclosures advertising | Leave a comment

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