Tag Archives: ftc

FTC wins summary judgment for violations of shipping Rule and Covid Consumer Protection Act

Posted on March 13, 2023 by rtushnet

F.T.C. v. Romero, 2023 WL 2445339, No. 5:21-cv-343-BJD-PRL (M.D. Fla. Feb. 27, 2023) The FTC still has some tools in its arsenal. Here, violations of the Trade Regulation Rule Concerning the Sale of Mail, Internet, or Telephone Order Merchandise (MITOR) … Continue reading →

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“recyclable” could be deceptive where local recycling isn’t widespread

Posted on September 17, 2021 by rtushnet

Downing v. Keurig Green Mountain, Inc., 2021 WL 2403811, No. 1:20-cv-11673-IT (D. Mass. Jun. 11, 2021) Keurig allegedly deceptively advertised its plastic single-serving pods as recyclable when those pods were not recyclable according to federal regulations. Keurig allegedly released pods … Continue reading →

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FTC fails to show lack of substantiation because court reads ASTM standards as nonrestrictive

Posted on August 30, 2021 by rtushnet

Federal Trade Comm’n v. Innovative Designs, Inc., 2021 WL 3086188, — Fed.Appx. —-, No. 20-3379 (3d Cir. Jul. 22, 2021) Another FTC loss, this time for failing to prove that IDI’s claims about its Insultext House Wrap were false or … Continue reading →

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SEC v. Liu supports FTC’s pursuit of restitution in federal court

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Elegant Solutions, Inc., Case No. SACV 19-1333 JVS (KESx), 2020 WL 4390381 (C.D. Cal. Jul. 6, 2020)  I mostly try to find interesting legal issues, but sometimes it’s good to point out the importance of the … Continue reading →

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FTC restrains unsubstantiated coronavirus claims

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Golden Sunrise Nutraceutical, Inc., 2020 WL 4501968, No. 1:20-cv-01060-DAD-SKO (E.D. Cal. Aug. 5, 2020)  Dealing with coronavirus-related claims, the court grants a TRO against defendants, including Tieu (president and CEO of the corporate defendants) and Meis … Continue reading →

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Selling scammy books is protected by the First Amendment when selling scammy products isn’t

Posted on March 12, 2020 by rtushnet

Federal Trade Comm’n v. Agora Financial, LLC, 2020 WL 998734, No. 1:19-cv-3100-SAG (D. Md. Mar. 2, 2020) The defendants do relatively well here by selling scammy and deceptive books. To the extent that the deception is contained in the books, … Continue reading →

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FDA/FTC Workshop on a Competitive Marketplace for Biosimilars

Posted on March 9, 2020 by rtushnet

FDA Licensure Process and U.S. Biosimilar Markets   [I entered in media res] · Eva Temkin, Acting Director for Policy, Office of Therapeutic Biologics and Biosimilars,  CDER, FDA   · Christine Simmon, Executive Director, Biosimilars Council, AAM: barriers to entry for … Continue reading →

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ownership/control of whole company isn’t enough for individual liability under FTCA

Posted on September 13, 2019 by rtushnet

F.T.C. v. Quincy Bioscience Holding Co., 389 F. Supp. 3d 211 (S.D.N.Y. 2019) On remand from the Second Circuit, which fixed the mistaken earlier dismissal of this claim against a supplement seller, a principal gets off the hook (for now) … Continue reading →

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Legal Applications of Marketing Theory, part 2

Posted on May 3, 2019 by rtushnet

Dominique Hanssens, Natalie Mizik, & Lorenzo Michelozzi, UCLA Anderson, Univ of Washington, Cornerstone Research, Brand Value, Marketing Spending and Royalty Rates Brands can create value, but require ongoing marketing. When licensed, disputes can arise about royalty rates and marketing support/maintenance … Continue reading →

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Recommended podcast on multilevel marketing

Posted on May 2, 2019 by rtushnet

The Dream by Stitcher. Excellent look at how multilevel marketing companies succeed at avoiding regulation and at convincing enough people to try them—and convincing them that their subsequent failure is their own fault and not intrinsic to the model—to make … Continue reading →

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