Start date : May 15, 2008
End date : June 16, 2008
A recent ordinance passed by the City of New York requires chain restaurants located in the City to display calorie counts of menu items on menus and menu boards. While the restaurants fought this requirement, they’ve lost in court and may have to follow suit. Are you in favor of seeing the calorie counts prominently displayed?
Start date : May 5, 2008
End date : May 14, 2008
Recent survey results indicate consumers are willing to spend as much as 5 percent more for products that make "green" claims—i.e., that they are environmentally conscious. Are you willing to pay more for products that make efforts to minimize environmental impacts?
Start date : April 18, 2008
End date : May 4, 2008
Apple, the computer company, is suing New York City over a symbol the city is using in its new campaign to raise environmental awareness. The GreeNYC logo is an apple-shaped infinity symbol with a stem and leaf extending from it. Apple’s own apple logo is a solid black apple with a bite taken out of it. Do you think the symbols are similar enough to cause confusion?
Start date : April 3, 2008
End date : April 17, 2008
As Google’s $3.24 billion acquisition of DoubleClick was approved, privacy advocates repeated their concerns regarding the tracking of consumers’ online searches and browsing activities. Advertisers counter that gauging consumer interests allows them to deliver marketing messages more closely aligned with consumer interests. Do you think the ads you see online are better at targeting your interests than ads in other locations?
Start date : March 19, 2008
End date : April 2, 2008
The Federal Trade Commission says cars that run on biodiesel fuel—fuel blends derived from soybean oil, restaurant oils and other alternative sources—is on the rise. Has gasoline gotten expensive enough for you to consider alternative fuels?
Start date : February 28, 2008
End date : March 18, 2008
Recently, The Naked Cowboy—a ubiquitous personality in New York’s Times Square who strums a guitar wearing only white underwear, a white Cowboy hat and white boots—has sued Mars, the makers of M&M candy, for $6 million. He is irate that the company ran a billboard ad in Times Square featuring a blue M&M cowboy in the same get-up. The Naked Cowboy says he generates a healthy living through celebrity appearances and licensing deals, and that Mars is getting a free ride. Mars took down the ad, and says it has every intention of being a good corporate citizen. Who should win the suit?
Start date : February 13, 2008
End date : February 28, 2008
The Federal Trade Commission is cracking down on environmental claims—and is starting with claims concerning carbon emissions offsets. Do you think advertisers have clearly explained these offsets?
Start date : February 4, 2008
End date : February 12, 2008
Sears is being sued by a plaintiff, seeking class action status, who claims that the company violated its customers’ privacy through an online site that allows customers to track their purchases. The plaintiff claims the problem is that customers can hop on the site and track the purchases of other customers as well, as long as they know basic information about Sears’ customers, such as their name and address. Do you view this as a privacy violation?
Start date : January 18, 2008
End date : February 3, 2008
Microsoft, Google and Yahoo have agreed to pay the U.S. government a combined total of more than $30 million to settle a case involving allegations that they accepted revenue to run ads for online gambling operations, which the government maintains is illegal in the United States—even if they are hosted offshore.
Start date : December 31, 2007
End date : January 17, 2008
Following an outcry over Facebook’s ‘Beacon’ ad program, which shares users’ online activities with their Facebook friends via “newsfeeds,” the social networking site has revised the program. Now, users must “opt-in” to the program by giving their explicit permission before their activities are shared, as opposed to the previous version which automatically sent newsfeeds unless users opted out.
However, Facebook did not go as far as some would have liked in revamping its program. The company did not provide a global opt-out option—the company will not allow users to tell Facebook they don’t want to participate in Beacon at all. Is this a fair tradeoff for being able to use Facebook, which is free?
Start date : December 5, 2007
End date : December 30, 2007
The Federal Trade Commission is bringing a series of enforcement actions companies that sponsor ads and websites promising free goods if consumers will click on their ads. Have you ever been tempted to click on an online deal that seemed too good to be true?
Start date : November 9, 2007
End date : December 5, 2007
Some groups are asking the Federal Trade Commission to create a “Do Not Track” list to prevent the tracking of online browsing, similar to the federal Do Not Call list. This would mean an end to advertising that is relevant to consumer interests. Such a move likely would increase the amount of advertising (since many ads would be irrelevant) and decrease the amount of free content (which is supported by advertising). Good idea?
Start date : October 23, 2007
End date : November 8, 2007
Rock Star Bon Jovi recently sent a letter warning the maker of a coffee-flavored drink called Mijovi that he thinks the name of the drink is too close to his name and wants it changed. The drink maker says the rock star wasn’t the inspiration for the name of the drink, and he’s not changing the name. Who do you think is right?
Start date : October 8, 2007
End date : October 22, 2007
Congress recently passed a drug reform bill that preserves the right of pharmaceutical companies to advertise new drugs they are bringing to market. Have you ever learned of a potentially helpful medication or treatment through advertising?
Start date : September 19, 2007
End date : October 7, 2007
Search engine giant Google is facing a battle on several fronts to allow competitors the right to purchase trademarked terms as ‘key words,’ which enables them to appear as paid sponsors in search results alongside the original company name, product and/or service for which a consumer is searching.
Trademark holders claim the practice causes consumer confusion. Competitors argue that it’s a matter of fair competition. Who is right?
Start date : August 31, 2007
End date : September 14, 2007
Following pressure from an advocacy group, PepsiCo. has agreed to change the labels on its Aquafina brand of bottled water to state that the water is derived from a "public water source". Do you think such a label change is necessary?
Start date : August 13, 2007
End date : August 31, 2007
Although Atlanta Falcons quarterback Michael Vick has pleaded not guilty to charges that he sponsored a massive dog fighting operation, the companies with which he struck endorsement deals have abandoned him. Were the companies right to ditch the star at this point, or should they have waited to see if the charges against him will be proven?
Start date : July 23, 2007
End date : August 13, 2007
Broad new regulations have gone into effect in Europe, strictly regulate the types of nutritional and health claims that can be made for food products. The rules include lists of specific claims that can be made, and the criteria that must be met to make such claims. This differs from the U.S. approach, which primarily allows companies to make their own marketing decisions, as long as claims companies make are not deemed to be false or misleading. Which approach do you think works better?
Start date : June 29, 2007
End date : July 24, 2007
Kellogg recently announced that it has developed new nutritional standards for its foods, and will only advertise to kids foods that meet those standards. So, for example, unless Froot Loops are reformulated to meet new limits for sugar content, they won’t be advertised to children under 12 anymore. What's your reaction?
Start date : June 13, 2007
End date : July 23, 2007
A federal court in New York recently has stated that the FCC’s revised indecency policy, which gives the agency the leeway to fine broadcasters if they allow even the occasional expletive to slip before the safe harbor hours, probably violates the First Amendment. Do you agree with the FCC’s current policy, which holds broadcasters strictly liable for expletives that are uttered in live broadcasts?
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Calorie CountsA recent ordinance passed by the City of New York requires chain restaurants located in the City to display calorie counts of menu items on menus and menu boards. While the restaurants fought this requirement, they’ve lost in court and may have to follow suit. Are you in favor of seeing the calorie counts prominently displayed?
Legal Bytes is a publication by Reed Smith