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Cnet:  White House pledges new Net privacy approach

A White House aide today previewed the administration's forthcoming approach to Internet consumer protection, saying it will provide "privacy law without regulation."

National Journal:  Rep. Barton Calls for Ban on New Web Tracking Tools

Rep. Joe Barton, R-Texas, called on Friday for a ban on so-called "supercookies" that allow companies to track online activity.

FTC.gov:  FTC Seeks Public Comment on Consumer Product Warranty Rules

As part of the Federal Trade Commission’s systematic review of all FTC rules and guides, the agency is seeking public comment on its Rules and guidance regarding product warranties under the Magnuson-Moss Warranty Act. The agency is seeking comment on the FTC’s Interpretations of the Magnuson-Moss Warranty Act, the FTC’s Guides for the Advertising of Warranties and Guarantees, and three Rules governing disclosure requirements for written warranties on consumer products, requirements for sellers and warrantors to make written warranty terms available to consumers before a sale, and procedural standards for warrantors who want consumers to use a dispute resolution process before filing suit for breach of warranty.

Excite News:  Facebook to let users pre-approve photo tags

Drunken revelers rejoice: Facebook will now let you decide whether your friends can attach your name to a photo before it is circulated.

Reuters:  Judge sets September hearing on cigarette ads

A U.S. judge on Tuesday set a September hearing on the tobacco industry's request to block Food and Drug Administration requirements for new graphic labels and advertising that warn consumers about the risks of smoking.

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How is Washington changing the way that you do business?

Save the Date!

ANA’s Advertising Law and Public Policy Conference returns March 28-29, 2012. This year’s conference will bring together the top legal minds from leading law firms, important government regulatory agencies, and the foremost client-side marketers in the business. Discussions will focus on developments in Washington, action in the courts, and the crucial intelligence you need to have as you navigate through the challenging legal and regulatory environment for advertising and marketing. 

The conference will take place at the Four Seasons Hotel Washington, D.C. Please register before February 1, 2012 to take advantage of our early bird special, which has been extremely highly rated by attendees.

Keep watching the agenda for updates.

If you have any questions, please contact the conference co-chairs, Dan Jaffe of ANA,(djaffe@ana.net) and Doug Wood of Reed Smith, LLP and ANA’s General Counsel (dwood@reedsmith.com).  

For more information, please click here.

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Adweek: LinkedIn Backtracks on Controversial Ads

Users' photos, info were used in site ads

While Facebook seems to be in constant hot water for alleged privacy violations, fellow social network LinkedIn has largely managed to steer clear of negative buzz. But after launching an advertising initiative that exploited its users’ information, LinkedIn is backtracking, reports The Wall Street Journal.

ClickZ:  IAB Asks ICANN to Block .Coke Et Al

The Interactive Advertising Bureau (IAB) today demanded that the Internet Corporation for Assigned Names and Numbers (ICANN) withdraw its plan to allow 1,000 more generic top-level domains.

NY Times:  Industry Tries to Streamline Privacy Policies for Mobile Users

For many Internet users, online privacy policies are long and difficult to read. Transfer those same policies to a mobile device, where users can find themselves clicking through multiple screens often with tiny type, and the policies can become almost useless to the average consumer.

Excite News:  SKoreans sue Apple over iPhone user information

A group of some 27,000 South Koreans is suing Apple for $26 million for what they claim are privacy violations from the collection of iPhone user location information.

Reuters:  Cigarette makers sue FDA over new labeling rules

Four big cigarette makers sued the Food and Drug Administration, seeking to void as unconstitutional new graphic labels and advertising that warn consumers about the risks of smoking and induce them to quit. 

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This post was written by Rachel A. Rubin and Joseph I. Rosenbaum.

In June, Google confirmed that the Federal Trade Commission (FTC) opened an antitrust investigation against it. While the scope and details of the investigation have not been disclosed, the FTC is likely examining whether and how Google has used its dominance in Internet search and advertising to stifle competition, and whether Google’s actions cause harm to consumers.

As part of its investigation, the FTC can and will reach out to third parties, including Google’s partners, advertisers, and competitors, to learn more about the way Google behaves in the market. As the recipient of an FTC inquiry that is not purely voluntary, you are obligated to provide certain information to the FTC. While the nature and extent of this information will vary by company, receiving an FTC inquiry raises a host of legal questions and concerns.

So what do you do when the FTC reaches out to your company? We have prepared a set of FAQs – What Should You Do When The FTC Calls About Google? – to help your company understand the range of possible inquiries, the process of responding to the FTC, and your company’s potential liability.

For more information before or after you receive a letter from the FTC, please contact Joseph I. Rosenbaum or Rachel A. Rubin.

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The Federal Trade Commission issued an advisory opinion letter this week saying that it has no present intention to challenge the Council of Better Business Bureaus' accountability self regulatory program for companies engaged in online behavioral advertising. The program is designed to foster compliance with the Self-Regulatory Principles for Online Behavioral Advertising, which were released by the FTC in 2009. The issue presented to the FTC by the CBBB was whether the accountability program would be viewed as a restraint of trade under the antitrust laws.

For more information, please read Reed Smith's Client Alert, written by Christopher G. Cwalina, Amy S. Mushahwar and Frederick Lah.

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Media Post:  ANA To ICANN: 'Oh No You Can't,' Domain Plan Would Be 'Disastrous'

The Association of National Advertisers this morning sent a strongly worded letter to the Web domain authority Internet Corporation for Assigned and Numbers (ICANN) warning that its plan to offer new, simple brand-named Internet domains would have "potentially disastrous consequences" for marketers if implemented as proposed. The letter, which was addressed to ICANN President Rod Beckstrom, said the plan, which would enable any third-party to apply for top-level domains utilizing simple names, is likely to cause "irreparable harm and damage" to marketers, "contravenes the legal rights of brand owners," and "jeopardizes the safety of consumers.

Environmental Leader:  Super Green Consumers Indulge Taste for Bling

"Super green” consumers – those engaged in the highest amount of environmentally-friendly activities – are top earners with a penchant for luxury items, according to a report from Scarborough Research.

ABC News:  Q&A: Former FDA Commissioner Talks About Tobacco

More than 15 years have passed since David Kessler first worked to regulate the tobacco industry as a Food and Drug Administration commissioner, and much has changed.

Media Post:  Search, Email Still Most Popular Online Activities

Mobile and video media might take market share from more traditional advertising, but U.S. adults looking for board shorts, cross-body purses, or smartphones and tablets still launch a browser and type a few keywords into a search engine to find what they need.

FTC.gov:  FTC Seeks Comment for Review of "Unavailability Rule"

Rule Governs How Grocery Stores Advertise Products on Sale

As part of the Federal Trade Commission’s systematic review of all agency rules and guides, the FTC seeks public comment on a Rule that governs retail food advertising. The Rule prohibits food retailers from advertising products at a stated price unless the products are in stock and available during the effective period of the advertisement, or the ad discloses that supplies are limited or available only at some outlets. It is not a violation if the retailer meets other conditions, such as offering a “raincheck” for the advertised products, or a comparable product at the advertised price.

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In the latest state grab at more tax dollars, New Jersey, perhaps believing it is a major media center, announced that it is targeting media companies for taxes that are due. That's the bad news. The other news (there is no "good" news when it comes to taxes) is that companies can get a break if they file before November 15. Click here for our client bulletin on the matter.

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On August 10, a California woman filed suit against Nascar Holdings, Inc., alleging that the company violated the 1991 Telephone Consumer Protection Act (“TCPA”) by sending out unsolicited text messages. According to the complaint, the text messages were sent in February of this year to promote a Sprint Cup race at Daytona. Interestingly, the plaintiff alleges that both the initial marketing message AND the unsubscribe confirmation message violate the TCPA.

The complaint demands that NASCAR pay statutory damages in the amount of $1,500 per unsolicited text. While the plaintiff does not include a calculation of total damages in her complaint, she alleges that they are at least $5 million.

This case comes on the heels of recent FTC activity surrounding cramming, and indicates that even in the age of Web 2.0, regulators and plaintiffs’ counsel are still focusing on traditional advertising methods, such as telemarketing.

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Reed Smith partner and ANA General Counsel Doug Wood said in an interview with the National Journal that if ICANN fails to respond to the ANA’s concerns, it may be forced to sue to block the proposal. “If they choose to ignore us, which I hope they don’t, then we will have no choice but to litigate,” he said, adding that this would only be a last resort. According to Wood, ICANN’s current proposal for gTLD registration could cost companies as much as $2 million a year per trademark. The full text of the National Journal’s interview with Doug Wood and ANA President, Bob Liodice can be found here.

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Toronto Estates & Trusts Monitor:  Marvel Wins Copyright Fight with Jack Kirby's Heirs

A judge in the US recently decided a dispute over the rights to various comic book characters between Marvel (and its parent, the Walt Disney Company) and the heirs of the late Jack Kirby.

Journal Sentinel:  Drink label udderly wrong

Maker of Muscle Milk gets FDA warning letter

Government regulators have threatened to crack down on a popular sports drink they say is mislabeled as "milk," a move welcomed by the dairy industry, which has long objected to the name soy milk and others like it.

My Fox Boston:  Junk Food Tax Could Generate Billions

Sodas, candy, doughnuts and other junk foods are in the sights of health advocates who want cities and states to tax unhealthy foods.

Reuters:  Senator supports online sales tax reform

Cash-strapped states seeking to collect billions in taxes from online transactions gained an ally in Washington on Friday when a senator introduced a bill for a federal solution to the problem.

FTC.gov:  FTC Releases Reports on Cigarette and Smokeless Tobacco Advertising and Promotion

Amount Spent Declines for Cigarettes, Increases for Smokeless Tobacco in 2007 and 2008
The amount spent on cigarette advertising and promotion by the largest cigarette companies in the United States declined from $12.49 billion in 2006 to $10.86 billion in 2007, and again to $9.94 billion in 2008, according to a report released today by the Federal Trade Commission.

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The following link contains the full text of the JPC’s recent bulletin regarding SAG/AFTRA’s proposal for a 1-year extension to the Commercials Contracts. It is the intention of the JPCto agree to the extension. During this extension year, all rates, terms and conditions of the 2009 – 2012 Commercials Contracts would remain the same, i.e., there will be no increase in wages or Pension + Health/Health and Retirement contributions.

The JPC will formally notify the unions on September 1, 2011 of the JPC’s agreement to the extension. If you do not wish to accept the one year extension, you must withdraw your authorization from the JPC no later than Monday, August 29, 2011. Please refer to the following link for details regarding the withdrawal process. 

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Today, in a letter to Mr. Rod Beckstrom, President, Internet Corporation for Assigned Names and Numbers (ICANN), the ANA (Association of National Advertisers) detailed major flaws in the proposed ICANN program that would permit applicants to claim virtually any word, generic or branded, as Internet top-level domains once the application window is opened in January 2012. The ANA argues that implementation of the ICANN program is economically unsupportable and is likely to cause irreparable harm and damage to its membership and the Internet business community in general. By means of this letter, the ANA with the assistance of Reed Smith, kick starts a serious effort to prevent billions of dollars of harm to brand owners and return ICANN back to the negotiating table by any means necessary.

To learn more about generic top-level domains, read Reed Smith's Client Alert.

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EPA Updates Energy Star Rules for Dishwashers, Furnaces

The Environmental Protection Agency is updating Energy Star requirements for home dishwashers and furnaces, as part of 20 revisions to product requirements expected this year.

Washington Post:  Under threat of regulation, tech industry takes on challenge of Internet privacy

The federal government has put Google, Microsoft, Apple and other technology companies on notice: Give consumers a way prevent advertisers from tracking their movements across the Web — or face regulation.

National Journal:  Coalition Launches To Push For Online Poker Regime

A new coalition launched Tuesday with the goal of persuading lawmakers to set up a regulatory regime that would allow Americans to legally place bets on online poker games.

Associated Press:  Federal appeals court weighs tobacco law challenge

The free-speech rights of tobacco companies are improperly restricted by a federal law giving the Food and Drug Administration the power to impose graphic warnings about the dangers of smoking and regulate how tobacco companies market and advertise their products, an attorney for the tobacco companies argued Wednesday.

Adweek:  Congress Gets Involved in Fight Over Food Marketing Guidelines

New voluntary rules have been tough battle for industry

The food and beverage lobby is finally getting some attention on Capitol Hill as it tries to neuter the government's proposed voluntary guidelines for marketing food to children. More than 30 Democratic members of Congress, organized by Rep. John Barrow, D-Ga., are set to send a letter to the heads of the Federal Trade Commission, the U.S. Department of Agriculture, and the U.S. Department of Health and Human Services, criticizing the analysis behind the guidelines and requesting a cost-benefit analysis of the proposal.

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