What We're Reading 05/16/2012

What We're Reading

USA Today: Kashi cereal's 'natural' claims stir anger

Kellogg is facing anger on social-media sites because of complaints that its popular Kashi brand of cold cereals doesn't live up to the company's "natural" billing on ads and boxes.

 

LA Times: Exclusive: Google releases FCC report on Street View probe

Google has released the full report of the Federal Communications Commission’s investigation into the data it collected and stored from millions of unknowing households across the nation while operating specially equipped cars for its Street View service.

 

FTC.gov: FTC Announces Preliminary Agenda for Workshop about Advertising Disclosures in Online and Mobile Media

The Federal Trade Commission will host a one-day public workshop on Wednesday, May 30, 2012 to consider the need for new guidance for online advertisers about making disclosures.

 

FTC.gov: Myspace Settles FTC Charges That It Misled Millions of Users About Sharing Personal Information with Advertisers

Settlement Will Require Regular Privacy Assessments for the Next 20 Years

Social networking service Myspace has agreed to settle Federal Trade Commission charges that it misrepresented its protection of users' personal information. The settlement, part of the FTC's ongoing efforts make sure companies live up to the privacy promises they make to consumers, bars Myspace from future privacy misrepresentations, requires it to implement a comprehensive privacy program, and calls for regular, independent privacy assessments for the next 20 years.

 

Energy Star May Lose Electronics Makers After Rules Change

Bloomberg: Electronics manufacturers are threatening to drop out of Energy Star, saying recent changes have made participation in the federal government's voluntary energy efficiency labeling program too costly.

What We're Reading 5-1-12

What We're Reading

CNN.com:  Facebook clarifies changes to its terms of use

Facebook unveiled changes to its terms-of-use document on Friday, tweaking earlier drafts in an apparent effort to ease users' concerns about privacy and how their information is used.

 

ADWEEK:  Ad Industry Rebrands Self-Regulatory Unit

New name emphasizes autonomy

Changing the name of an organization is often more internal politics than external policy. But in the case of the National Advertising Review Council—now known as the Advertising Self-Regulatory Council—the new name (and website [1]) is squarely aimed at the federal government.

 

The New York Times:  Companies Raise Concerns Over Google Drive’s Privacy Protections

Updated Added more explanation from Google about the terms of service agreement.  A number of companies are raising concerns about what Google says it can do with documents stored on the new Google Drive online storage service.

 

The Washington Post:  Obama threatens to veto CISPA cybersecurity bill, citing privacy concerns

The White House threatened on Wednesday to veto cyber-legislation that is widely expected to pass the House this week, asserting that the bill would put Americans’ privacy at risk and give a pass to companies that fail to secure their computer networks.

 

The New York Times:  European Regulator Warns Silicon Valley About Privacy

The European data protection supervisor, Peter Hustinx, on Thursday urged technology companies to “innovate” in the area of consumer privacy, saying that lawmakers on the continent would press ahead on a contentious proposed law that would, in part, compel companies to pare down the personal data kept in their digital vaults.

What We're Reading 4-24-12

What We're Reading

FTC.gov:  FTC Announces Schedule for Reviewing Regulations

As part of the Federal Trade Commission's systematic review of all current FTC rules and guides, the agency is announcing its updated 10-year review schedule.

 

Reuters.com:  Facebook advertisers lose bid for class status

Facebook Inc, which runs the world's largest social networking website, won a court ruling on Friday rejecting a bid by thousands of advertisers to sue the company as a group for overcharging them.

 

The New York Times:  Facebook Offers More Disclosure to Users

Facebook, seeking to address concerns about the personal information it collects on its users, said Thursday that it would provide any user with more about the data it tracks and stores.

 

Mediapost.com:  ICANN Data Breach Stokes Domain Name Concerns

A recent security breach at the Internet Corporation for Assigned Names and Numbers shows that the controversial domain expansion program is moving forward too quickly, the Association of National Advertisers says.

 

The New York Times:  Google Ordered to Stop Copyright Violations on YouTube

In a provisional victory for musicians, filmmakers and other creators of art and entertainment, a court in Hamburg on Friday ordered Google to install filters on its YouTube service in Germany to detect and stop people from gaining access to material for which they do not own the rights.

What We're Reading 4-18-12

What We're Reading

MediaPost:  TRUSTe Unveils Mobile Targeting, Opt-Out Tool

TRUSTe is unveiling a new tool that mobile companies will use to target iPhone and Android users, while also enabling consumers to opt out of receiving in-app ads targeted based on their activity.

 

The New York Times Media Decoder:  Appeals Court Revives Viacom Suit Against YouTube

A federal appeals court on Thursday reversed a lower court’s decision to throw out a $1 billion lawsuit filed against YouTube by Viacom and other media companies five years ago.

 

The New York Times:  F.C.C. Pushes for Web Site on TV Political Ad Spending

The government is moving forward with a plan to make local television stations post information about political advertising on a central Web site.

 

Reuters.com:  Appeals court hears case of graphic tobacco ads

The government on Tuesday defended graphic tobacco labels and advertising that use pictures of rotting teeth and diseased lungs as accurate and necessary to warn consumers about the risks of smoking.

 

FTC.gov:  FTC Orders Alcoholic Beverage Manufacturers to Provide Data for Agency's Fourth Major Study on Alcohol Advertising

Study Focuses on Industry Self-Regulatory Efforts to Reduce Ads, Marketing to Underage Audiences

The Federal Trade Commission has required 14 major alcoholic beverage advertisers to provide information for the agency’s fourth major study on the effectiveness of voluntary industry guidelines for reducing advertising and marketing to underage audiences by beer, wine, and distilled spirits manufacturers.

What We're Reading 4-12-2012

What We're Reading

Business Week:  FDA Targets ‘Cosmeceuticals’ Straddling Regulatory Lines

Wrinkle creams with retinol and a growing crop of beauty treatments that are partly pharmaceutical may need to be regulated as drugs, the top U.S. official overseeing the cosmetics industry said.

 

Environmental Leader:  Consumers Don’t Trust Green Product Claims, Survey Says

Eight in ten Americans don’t believe companies are addressing all of their environmental impacts, and only 44 percent trust companies’ green claims, according to research by Cone Communications.

 

Food Safety News:  House Bill Would Require Labeling LFTB

A bill introduced to the U.S. House of Representatives on Friday would require the labeling of any beef products that contain lean finely textured beef, the lean beef supplement also known as "pink slime."

 

Reuters.com:  UPDATE 1-U.S. FDA: Big Tobacco must tell you what you're smoking

U.S. health regulators said on Friday that tobacco companies must report how much formaldehyde, nicotine or any of 18 other harmful chemicals are in their products.

 

PC World:  Google Is Responsible for Misleading Ads, Australian Court Rules

Google is responsible for misleading and deceptive ads that use the name of a company to direct traffic to a competitor's site, an Australian court ruled on Tuesday.The Federal Court of Australia ruled in an appeal that Google is responsible for misleading and deceptive advertising targeted to appear near search results for a competitor's name.

What We're Reading 4-2-2012

What We're Reading

Excite.com:  New Israeli law bans underweight models in ads

A new Israeli law bans showing overly thin models from local advertising in an attempt to fight the spread of eating disorders.

 

Adweek:  Study: Internet User Adoption of DNT Hard to Predict Internet users less conflicted about ad-supported free content

What Internet users ultimately decide to do about allowing advertisers and Web sites to track them on the Internet will set the stage for the growth or demise of behaviorally targeted advertising. But predicting what Internet users will do when more privacy controls become available is anything but clear-cut, according to a new survey conducted by Omnicom Media Group's Annalect Group.

 

Bloomberg:  Lawmakers Call for Investigation of Facebook Password Requests

Two U.S. senators want the Justice Department to investigate whether employers who require job applicants to hand over confidential passwords to Facebook and other social networking sites are violating federal law.

 

FTC.gov:  FTC Issues Final Commission Report on Protecting Consumer Privacy

Agency Calls on Companies to Adopt Best Privacy Practices

The Federal Trade Commission, the nation's chief privacy policy and enforcement agency, issued a final report setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their personal data. In the report, "Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers," the FTC also recommends that Congress consider enacting general privacy legislation, data security and breach notification legislation, and data broker legislation.

What We're Reading 3-26-12

What We're Reading

New York Times: New Nielsen Ratings to Measure TV and Online Ads Together

Nielsen says it is ready to sell what many advertisers have been clamoring for: a system that standardizes ratings for television and online ads.

Reuters: Court: Tobacco health labels constitutional

A U.S. law requiring large graphic health warnings on cigarette packaging and advertising does not violate the free speech rights of tobacco companies, a federal appeals court ruled on Monday.

PCWorld: 18 Firms Sued for Using Privacy-invading Mobile Apps

Facebook, Apple, Twitter, Yelp and 14 other companies have been hit with a lawsuit accusing them of distributing privacy-invading mobile applications.

Bloomberg Businessweek: Google’s Breach of Apple’s Safari Said to Be Probed by U.S.

Google Inc. (GOOG)’s breach of Apple Inc. (AAPL)’s Safari Internet browser is under investigation by U.S. regulators to determine whether it caused consumers to be misled about privacy safeguards, a person familiar with the matter said.

Environmental Leader: FTC Increasing Scrutiny of Green Claims, Former Director Says

The Federal Trade Commission is intensifying its scrutiny of marketers’ green claims, according to an attorney and former FTC employee.

What We're Reading 3-12-12

What We're Reading

Food Safety News:  Coalition Calls for Labeling 'Added Sugars'

A coalition of 14 public health organizations is calling on the Food and Drug Administration to require that food labels provide full information on added sugars.

 

FTC.gov:  FTC Will Host Public Workshop to Explore Advertising Disclosures in Online and Mobile Media on May 30, 2012

The Federal Trade Commission will host a day-long public workshop to consider the need for new guidance for online advertisers about making disclosures required under FTC law. The guidance will address technological advancements and marketing developments that have emerged since the FTC first issued itsonline advertising disclosure guidelines known as “Dot Com Disclosures” 12 years ago.

 

Bloomberg:  U.S. Challenges Judge Ruling on Cigarette Graphic Warnings

The U.S. government appealed a federal judge’s ruling throwing out requirements for graphic warning labels regarding the health risks of cigarettes.

 

Excite.com:  UK Internet providers lose copyright court battle

The High Court has endorsed Britain's new copyright rules, siding with the music industry over Internet providers in a battle over online filesharing.

 

CNN.com:  FDA issues warning to 'breathable' caffeine maker

The Food and Drug Administration has warned a company that markets caffeine and vitamin B as "breathable energy" it could face regulatory action over "false and misleading" labeling.

 

Food Business Review:  USFDA to decide BPA ban in food packaging by 31 March

The US Food and Drug Administration will decide whether to ban the use of Bisphenol-A (BPA) in all food packaging by 31 March. BPA is an industrial chemical that causes reproductive and fetal development problems, prostate and several other cancers.

What We're Reading 3-5-12

What We're Reading

CNN Money:  Consumer Privacy Bill of Rights

The White House on Thursday unveiled its proposed "Consumer Privacy Bill of Rights," a voluntary act that it called a "comprehensive blueprint" for future legislation.

 

clickz.com:  Ad Industry Joins FTC, White House in Do Not Track for Browsers

The ad industry's self-regulatory privacy coalition has joined with the U.S. Commerce Department and Federal Trade Commission to plan for a browser-based do-not-track standard.

 

FTC.gov:  FTC Seeks Public Input on Proposed Changes to Appliance Labeling Rule

Energy Efficiency Labels Help Consumers Comparison Shop

As part of its systematic review of all current FTC rules and guides,the Federal TradeCommission is seeking public comment on proposed changes to its Appliance Labeling Rule, which requires energy efficiency labels for major household appliances and other consumer products.

 

FTC.gov:  FTC Approves Safe Harbor Program for Aristotle International, Inc.

Program Will Promote Compliance With Children's Online Privacy Protection Act

The Federal Trade Commission today announced that Aristotle International, Inc. has been approved as a "safe harbor" program under the terms of the Children's Online Privacy Protection Act of 1998 (COPPA).

 

Business Week:  Google Agrees to Allow ‘Do-Not-Track’ Button in Browser

Google Inc. will allow a “do-not- track” button to be embedded in its Web browser, letting users restrict the amount of data that can be collected about them.

European Mobile Operators Back App Privacy Guidelines

On February, 27 2012, with the support of Europe’s largest mobile operators, the GSMA published a set of global Privacy Design Guidelines for Mobile Application Development. These guidelines come just days after the largest US based app providers, including Google, Apple and Amazon, agreed to legally enforceable privacy standards. 

Learn more by visiting our sister blog, Global Regulatory Enforcement Law Blog.

Google vs. the World (and the EU, too.)

If you thought Google created controversy in the United States over its privacy policy change, you should read what Europe thinks about it. It appears the EU dislikes it even more than many U.S. pundits have opined. For the complete report from our Global Regulatory Enforcement Group, see their latest blog post.

FTC to Hold Workshop Addressing Ad Disclosures for On Line Marketers

On February 29, 2012, the Federal Trade Commission, the primary government regulator of advertising in the United States, announced that it will hold a workshop on May 30, 2012 to discuss its guidelines for appropriate disclosures in on-line advertising. Click here for the FTC's announcement. Items suggested by the FTC for the workshop include:

  • How can effective disclosures be made on social media platforms and mobile devices
  • When can disclosures provided separately from an initial advertisement be considered adequate?
  • What are the options when using devices that do not allow downloading or printing the terms of an agreement?
  • How can disclosures that are made in the original advertisement be retained when the advertisement is aggregated (for example, on dashboards) or re-transmitted (through, for example, re-tweeting)?
  • What are the disclosure opportunities and limitations of hyperlinks, jump links, hashtags, click-throughs, layered disclosures, icons, and other similar options?
  • How can short, effective, and accessible privacy disclosures be made on mobile devices?
  • What does the research show about how consumers’ use of mobile and other devices can affect the effectiveness of disclosures on particular devices or platforms, the relationship between how consumers use mobile devices and their understanding of disclosures and advertising displayed on mobile devices, how consumers make decisions based on that information?

With the meteoric rise of digital advertising, actions by the FTC must be closely watched by the entire marketing community.

The Commission's plans for a Workshop follows its May 26, 2011 announcement that it was reconsidering the guidelines and whether they needed to be updated. Reed Smith partner Douglas Wood, also Corporate Counsel's Columnist on Digital Media, commented on the initial FTC announcement on June 8, 2011. To view that column, click here.

What We're Reading 2-27-12

What We're Reading

wetmtv.com:  FDA to Review Inhalable Caffeine

Washington, D.C. (AP) - U.S. Food and Drug Administration officials plan to investigate whether inhalable caffeine sold in small canisters is safe for consumers.

 

The New York Times:  F.T.C. Tells Consumer Watchdog to Mind Its Own Business

A consumer watchdog’s pleas to the Federal Trade Commission to scrutinize Google’s latest privacy policy changes have met with a curt “No, thanks.”

 

foxnews.com:  Lawmakers target Google over privacy laws

Three congressmen on Friday called on the Federal Trade Commission to investigate Google Inc., after The Wall Street Journal reported that the Internet giant was bypassing privacy settings of people who used Apple Inc.'s Web browser on phones and computers.

 

FTC.gov:  Window Marketers Settle FTC Charges That They Made Deceptive Energy Efficiency and Cost Savings Claims

Companies Must Have Scientific Evidence Before Making Marketing Claims

Five companies that sell replacement windows in numerous states will have to stop making exaggerated and unsupported claims about the energy efficiency of their windows, and how much money consumers could save on their heating and cooling bills by having them installed, under settlements with the Federal Trade Commission. The settlements prohibit the companies from making these types of deceptive claims.

 

Bloomberg:  Apple, Google Agree to Mobile-Application Privacy Rules With California AG

Apple Inc. (AAPL) and Google Inc. (GOOG) are among six technology companies offering platforms for mobile applications that agreed to a privacy protocol to protect consumers, California Attorney General Kamala Harris said.

Ad industry to honor do-not-track browser header

Amy Mushahwar was featured in ADWEEK article "Regulators and Business to Work on Privacy Bill of Rights: Ad industry to honor do-not-track browser header". The full article can be found here.

What We're Reading 2-20-12

What We're Reading

Excite.com:  Lawsuit seeks to block Google's privacy changes

A consumer watchdog group is suing the Federal Trade Commission in an attempt to prevent Google from making sweeping changes to its privacy policies next month.

 

Excite.com:  Chinese city seizes Apple iPads in name dispute

Authorities have seized Apple iPads from retailers in a city in northern China due to a dispute with a domestic company that says it owns the iPad name, an official said Monday. The Chinese company said it is asking for similar action in more than 20 other cities.

 

Adweek.com:  More Ad Networks Get Good Privacy Report Card

NAI's Groman to raise privacy bar on ad networks

The number of ad networks complying with the Network Advertising Initiative's strict online privacy code nearly doubled from 2010 to 2011, according to NAI's annual report.

 

BBC.co.uk:  European Court of Justice blocks net-filtering bid

A social network cannot be required to install an anti-piracy filtering system, the European Court of Justice (ECJ) has ruled.

 

BBC.co.uk:  'Typosquatting' premium rate phone firms fined £100,000

Two companies running premium-rate phone competitions on "typosquatted" sites have been fined £100,000.

Typosquatters use misspelled versions of the web addresses of well-known brands.