Tag Archives: ftc

Second Circuit summarily reverses bad Prevagen decision on statistical proof

Posted on February 21, 2019 by rtushnet

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the … Continue reading →

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Roca Labs’ weight loss claims are losers, and its gag clause fares no better

Posted on November 1, 2018 by rtushnet

FTC v. Roca Labs, Inc., 2018 WL 5629875, No. 15-cv-2231-T-35TBM (M.D. Fla. Sept. 14, 2018) The FTC sued Roca for its advertising and sale of weight-loss products and the use of contractual provisions barring purchasers from providing negative commentary, bringing … Continue reading →

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Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law

Posted on October 31, 2017 by rtushnet

Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws.  Here, a blanket ban, including a negative keyword requirement (so that someone bidding on “contacts” wouldn’t get ads run against … Continue reading →

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FTC loses motion to dismiss because court doesn’t deal well with statistics

Posted on October 5, 2017 by rtushnet

FTC v. Quincy Bioscience Holding Co., 2017 WL 4382312, No. 17 Civ. 124 (S.D.N.Y. Sept. 28, 2017) Lawyers and especially generalist-by-necessity judges need to understand some statistical basics. When they don’t, they let bad science shape consumers’ decisions and even … Continue reading →

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Reading list: empirical evidence about FTC’s substantiation standard

Posted on April 24, 2017 by rtushnet

Sungho Cho &Yongjae Kim, Empirical Rationalization of Prior Substantiation Doctrine: Federal Trade Commission v. Reebok & Sketchers, 29 Loy. Consumer L. Rev. 55 (2016) (not apparently available online—update that website, Loyola Consumer Law Review!) ABSTRACT Companies frequently make efficacy claims … Continue reading →

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Craigslist credit scam by affiliate leads to FTC action

Posted on February 24, 2017 by rtushnet

Federal Trade Commission v. Credit Bureau Center, LLC, 2017 WL 680344, No. 17 C 194 (N.D. Ill. Feb. 21, 2017) I think Eric Goldman will see a §230 issue here. The FTC sued CBC, Michael Brown, Danny Pierce, and Andrew … Continue reading →

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Florida man held liable for false green coffee claims

Posted on November 4, 2016 by rtushnet

FTC v. NPB Advertising, Inc., No. 14-cv-1155, 2016 WL 6493923 (M.D. Fla. Nov. 2, 2016) The FTC sued Nicholas Congleton and others under Section 5 of the FTC Act for engaging in false or deceptive advertising. Congleton received an email … Continue reading →

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Straightforward deference to FTC substantiation rules dooms gray hair treatment

Posted on October 7, 2016 by rtushnet

Federal Trade Commission v. COORGA Nutraceuticals Corp., — F.Supp.3d —- , 2016 WL 4472994, No. 15-CV-0072 (D. Wyo. Aug. 15, 2016) The FTC sued COORGA over its claims that its Grey Defence product reversed/prevented gray hair and that there was … Continue reading →

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FTC wins second appellate victory over 230 defense

Posted on September 26, 2016 by rtushnet

FTC v. LeadClick Media, LLC, 15‐1009‐cv (2d Cir. Sept. 23, 2016) The FTC and Connecticut sued LeadClick over its role in the use of deceptive websites to market weight loss products. LeadClick managed a network of affiliates/publishers to advertise the … Continue reading →

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FTC workshop on disclosures, Sept. 15

Posted on June 1, 2016 by rtushnet

Putting Disclosures to the Test SEP 15, 2016 CONSTITUTION CENTER 400 7th St SW, Washington, DC 20024   EVENT DESCRIPTION The Federal Trade Commission will host a public workshop in Washington, DC on September 15, 2016 to examine the testing … Continue reading →

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