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PRIVACY, UNFAIRNESS AND THE FIRST AMENDMENT: HAPPY ANNIVERSARY CENTRAL HUDSON

By D. John Hendrickson March 17 of this year marks the 37th anniversary of oral arguments in Central Hudson Gas & Electric Corporation v. Public Service Commission of New York 447 US 557 (1980), a case that should serve as a reminder that commercial speech is, in fact, entitled to First Amendment protection – something that is all too often overlooked in the legal analysis of advertising campaigns and the business practices that underlie them. In.

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THE INTERNET OF THINGS GONE WILD: FTC ALLEGES DECEPTION IN MARKETER’S CLAIMS OF DEVICE SECURITY

By D. John Hendrickson The FTC has filed a complaint in the Northern District of California alleging that D-Link Corporation, a Taiwan-based manufacturer, failed to take adequate steps to protect its routers and Internet cameras from readily preventable security flaws, and yet touted the security of its routers in the company’s promotional materials. The D-Link products at issue allow consumers to, among other things, monitor the security of their homes or the safety of young.

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BBB to MyPillow: BOGUS BOGO

By Philip Rebentisch To the uninformed advertiser, free can be costly. The Better Business Bureau of Minnesota and North Dakota (BBB) has revoked the accreditation of Minnesota-based MyPillow, Inc. lowering its rating to an F primarily due to its Buy One Get One (BOGO) advertising campaign. It’s a reminder that advertisers must exercise caution when making “free” claims as laws, regulations, and BBB member guidelines affect these and other claims made in advertising. Consumer Confusion is.

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COLLEGE OF HARD KNOCKS

  By Philip Rebentisch Both non-profit and for-profit colleges and universities have escalated advertising campaigns in recent years, and the Federal Trade Commission is clearly sending a message to educational institutions regarding deceptive claims made in advertising. DEVRY UNIVERSITY LEARNS A LESSON On December 15, 2016 DeVry University and its parent company agreed to a $100 million settlement of a FTC lawsuit alleging DeVry misled prospective students with ads that touted high employment success rates.

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Update on “Natural” Claims: NAD Recommends Discontinuance of “Naturally Dry” in Product Name

By D. John Hendrickson “What’s in a name?”  Well, according to the National Advertising Division of the Council of Better Business Bureaus, truth should be a definite component. In its decision involving a challenge brought by Unilever United States, Inc. to advertising materials of Colgate Palmolive Company for its Tom’s of Maine “Naturally Dry” Antiperspirant product, NAD has recommended discontinuance of the claim that the product is “naturally dry,” including discontinuance of the claim as.

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ADVERTISING LAW LITIGATION UPDATE: DURACELL CLAIMS FOUND TO BE PUFFERY

ADVERTISING LAW LITIGATION UPDATE: DURACELL CLAIMS FOUND TO BE PUFFERY D. John Hendrickson In a decision last month by the U.S. District Court, Northern District of California, dismissing a putative class action alleging false advertising by Proctor & Gamble and Gillette, the Court dealt with an important recurring issue in advertising law: when does a boastful claim in ad copy rise to the level of an objective claim of product efficacy, and when is it.

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SWEEPSTAKES & CONTESTS: A PRIMER FOR USER-GENERATED CONTENT

By Philip Rebentisch, ACP Part II in a Series In my previous blogpost about sweepstakes and contests, I addressed the primary differences between those two types of prize promotions (chance vs. skill) and the need for Official Rules. This post examines user-generated content. For both sweepstakes and contests, a popular format invites entrants to upload, post, or otherwise share their photos, videos, Tweets, or other content on social media platforms or the sponsor’s website or.

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ERSP – Guthy Renker / Cold Plasma Sub-D

By Nicholas A. Persky It’s always nice to highlight a case where the marketer is doing things right. In one such matter, the Electronic Retailing Self-Regulation Program (ERSP) determined that Guthy-Renker, LLC had adequate substantiation in support of claims for its product, Cold Plasma Sub-D, a topical cream intended to sculpt and tighten the appearance of skin along the chin and jawline. The matter was initiated by ERSP pursuant to its ongoing monitoring program of.

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Sweepstakes and Contests: Not Knowing the Difference May Cost You!

By Philip Rebentisch, ACP Sweepstakes and contests are popular and fairly inexpensive promotional tools for almost any product or service category. They are regulated by a patchwork of state laws, federal law via the Deceptive Mail Prevention and Enforcement Act, and under certain circumstances, by the FTC.  As a result, campaign errors can quickly become a nightmare for the promotion’s sponsor, even for small-scale promotions. When planning a prize promotion, advertisers must know the differences.

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FTC Tags Vision App Ultimeyes® with $150,000 Consent Order and Restrictions on Future Advertising

By D. John Hendrickson In reviewing advertising copy and claims relating to a product’s performance, all products are not created equal. While some products may be advertised with little concern for regulatory scrutiny, others fall within categories that are clearly “high risk.” We’ve long known that dietary supplements, weight loss programs, skin care products, children’s educational products, and home business opportunity programs fall into higher overall higher risk categories than say, for example, cooking utensils,.

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