Adlaw By Request : Advertising & Marketing Lawyer & Attorney : Reed Smith Law Firm : AdLaw By Request & KidAdLaw

Chicago Tribune: New airline fare advertising rules go into effect Thursday

Starting Thursday, new U.S. Department of Transportation rules will require airlines to include the cost of all mandatory fees and taxes in the advertised price of an airfare. Prior to Thursday, airlines were allowed to disclose taxes, baggage fees and other charges separately from the fare they advertise to consumers.

Google.Com: Google revising privacy policies, data use

Google said it is revising its privacy policies and changing how it uses data from users of its services to provide more personalized search results and advertisements.

NY Times: Europe Weighs Tough Law on Online Privacy

Europe is considering a sweeping new law that would force Internet companies like Amazon.com and Facebook to obtain explicit consent from consumers about the use of their personal data, delete that data forever at the consumer’s request and face fines for failing to comply.

FTC.Gov: FTC Seeks Public Input in Review of Wool Products Labeling Rules

As part of the Federal Trade Commission's systematic review of all current FTC rules and guides, the FTC is seeking public comment on the continuing need for, as well as the benefits, costs, and impact of, the Wool Products Labeling Rules.

Internet Retailer: ICANN says it has 25 “registrants” for new top-level domain names - But the number of applications for the new web addresses could run higher.

The Internet Corporation for Assigned Names and Numbers, or ICANN, says it has approved 25 “successful registrants” since it began accepting applications for new generic top-level domain names a week ago. The number of actual applications for domains does not necessarily equal the number of registrants, however, because each registrant can apply for up to 50 new top-level domains, ICANN says.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News: High court weighs policy against curse words on TV
The Supreme Court is considering whether government regulators may still police the airwaves for curse words and other coarse content at a time when so many Americans have unregulated cable television, and the Internet is awash in easily accessible adult material.

Bloomberg Business Week: Web-Name Expansion Should Have ‘Do Not Sell’ List, Ad Group Says
A Web-expansion program that may add hundreds of top-level domains such as .apple and .nyc to the Internet needs a “Do Not Sell” list to protect brand names, an advertising group said.

Reuters: U.S. online piracy bill headed for major makeover
U.S. legislation aimed at curbing online piracy, which had appeared to be on a fast track for approval by Congress, appears likely to be scaled back or jettisoned entirely in the wake of critical comments over the weekend from the White House, people familiar with the matter said.

CSNews: FDA's Tobacco Committee Continues Dissolvable Review
Six months after first taking up the issue, the Food and Drug Administration's Tobacco Products Scientific Advisory Committee (TPSAC) will meet again this week to discuss dissolvable tobacco products .

NY Times: For Online Privacy, Click Here
SOMETHING viewed online billions of times a month would seem to need no further promotion, but that assumption falls short when the something in question — a turquoise triangle in the upper right-hand corner of banner ads — is a critical piece of the debate about online privacy.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Bloomberg Businessweek: Justice Dept settles with tobacco cos on database

The nation's two biggest tobacco companies, Philip Morris USA Inc. and R.J. Reynolds Tobacco Co., have agreed to pay $6.25 million to support the country's largest online collection of internal tobacco industry documents, the Justice Department announced Wednesday.

Breaking Lawsuit News: Lawsuit Filed Against Frito-Lay over All-Natural Claims

Richmond, California resident Julie Gengo has filed a class action lawsuit in the Central District Court of California against PepsiCo snack unit Frito-Lay over claims made by the company that some of its Tostitos and SunChips products are made with all natural ingredients.

Reuters: RIM now faces legal challenge on "BBM" trademark

Research In Motion, still smarting over having to change the name of its yet-to-come operating system, faces a similar trademark challenge to its popular instant-messaging service BlackBerry Messenger.

FTC.Gov: For Your Information

FTC Sends Biennial Report to Congress on the National Do Not Call Registry

The Federal Trade Commission has approved a biennial report to Congress focusing on the use of the Do Not Call Registry by both consumers and businesses over the past two years, as well as the impact that new technologies have had on the Registry.

 The Gaurdian: Russia bans beer ads as number of child addicts rises

The Russian parliament is poised to introduce new legislation that will ban beer advertising on television between 7am and 10pm because of growing concerns about the number of children who have become addicted to alcohol.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: Style Beats Substance in Sustainable Packaging, Report Says

Products that show they are “sustainable” with simple, emotive pack designs are more likely to win when shoppers make snap decisions on environmental credentials in the grocery store aisle, according to a study by design research firm The Big Picture.

Excite News: China court rejects Apple lawsuit over iPad name

A court in southern China has rejected a claim by Apple Inc. that a Hong Kong-headquartered tech company has violated its iPad trademark, in the latest development in a case that could affect the U.S. company's financial prospects in the country.

FTC To Provide Refunds to Victims of Bogus Scareware Scam

Starting this week, more than 300,000 consumers who were victims of a "scareware" scam will receive refunds resulting from Federal Trade Commission settlements with Innovative Marketing and other parties involved in the scheme.

Environmental Leader: 90% of Manufacturers Think Their Sustainability is Better than Average

Three-quarters of consumers think manufacturers have not taken enough steps to ensure that their production follows environmental procedures, according to a study from UL, and 70 percent feel companies do not conduct thorough testing before launching new products.

LA Times: FCC passes rules against excessively loud TV commercials

The FCC requires broadcasters to ensure that the sound level on commercials is the same as on programming. It will go into effect in December 2012.

Excessively loud television commercials should be a thing of the past, thanks to the Federal Communications Commission.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Reuters: TV Pitchman Trudeau Loses Appeal of $37.6 Million Fine

Infomercial pitchman Kevin Trudeau lost his bid to throw out a $37.6 million fine for violating a 2004 Federal Trade Commission settlement over his advertising and a federal appeals court said the amount might even be too low.

Radio & Television Business Report: FTC wants to study voluntary alcohol ads restrictions

The FTC’s goal is not to regulate alcohol advertising – at least not on the face of its latest call for commentary. The goal is to study the effectiveness of the alcohol industry’s voluntary guidelines on advertising in keeping the messaging away from the attention of those too young to use their products.

Bloomberg: Cablevision Sues Verizon Over Claims in Advertisements for Internet Speeds

Cablevision Systems Corp. (CVC), the fifth- largest U.S. cable-television provider by subscribers, sued Verizon Communications Inc. for allegedly running an advertising campaign that misrepresents Cablevision’s Internet speeds.

PC World: Yahoo Awarded $610 Million in Spam Case

Yahoo has won a lawsuit against spammers, a legal victory that also includes a default judgment of US$610 million.

ClickZ: Senators Press ICANN on Generic Top-Level Domains

Senators asked the Internet Corporation for Assigned Names and Numbers (ICANN) to slow down the process of releasing new top-level domains today at a hearing of the U.S. Senate Committee on Commerce, Science, and Transportation. But the discussion was moot. ICANN, not under the governance of the Senate, sees it as a done deal.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

eWeek.com:  ISPs Can't Be Forced to Monitor Web Traffic: ECJ

The Court of Justice of the European Union rules that EU law precludes an injunction requiring an ISP to install a system for filtering Web traffic.

The Court of Justice of the European Union ruled that Internet service providers cannot be forced to continually monitor Web traffic in an effort to stem copyright infringement efforts. This case has its origin in a dispute between Scarlet Extended SA, an ISP, and SABAM, a Belgian management company, which is responsible for authorizing the use by third parties of the musical works of authors, composers and editors.

NY Times:  Telemarketer Abuse Statute Confounds Supreme Court

“This is the strangest statute I have ever seen,” Chief Justice John G. Roberts Jr. said near the end of a Supreme Court argument on Monday.

The justices had spent most of the previous hour trying to puzzle out the meaning of a part of 1991 federal law that addresses telemarketing abuses, and they had reached consensus on only one point.

Broadcasting & Cable:  Facebook Settles Privacy Issues With FTC

Will try to do business only with ISPs who can protect the privacy of covered information they get from social media site

Facebook has settled Federal Trade Commission charges that it deceived consumers by not living up to privacy assurances it gave its users. The settlement includes the promise that Facebook will try to do business only with ISPs who can protect the privacy of covered information they get from Facebook.

Broadcasting & Cable:  Rep. Markey Not Satisfied With Amazon's Reponse to Kindle Privacy Concerns

Responds that Amazon did not provide enough details about planned use of customer information

Rep. Ed Markey (D-Mass.) was not satisfied with Amazon's response to his questions about the security of its new Kindle Fire tablet.

Yahoo News:  Obama admin appeals cigarette warning ruling

The Obama administration on Tuesday appealed a U.S. judge's ruling and injunction that blocked tobacco companies from having to display graphic images on cigarette packs and advertising, such as a man exhaling smoke through a hole in his throat.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News:  Judge blocks graphic images on cigarette packages

A judge on Monday blocked a federal requirement that would have begun forcing tobacco companies next year to put graphic images including dead and diseased smokers on their cigarette packages.

Broadcasting & Cable:  Advertisers Modify Online Data Collection Self-Regs

DAA says newly codified set of principles reflect FTC's recommendations on boosting data privacy protections

The Digital Advertising Alliance (DAA) has announced a new and newly codified set of online data collection principles it says expand "significantly" on its current self-regulatory guidelines for online data collection.

FTC.gov:  Online Advertiser Settles FTC Charges ScanScout Deceptively Used Flash Cookies to Track Consumers Online

Online advertiser ScanScout has agreed to settle Federal Trade Commission charges that it deceptively claimed that consumers could opt out of receiving targeted ads by changing their computer’s web browser settings to block cookies. In fact, ScanScout used Flash cookies, which browser settings could not block. The proposed settlement bars misrepresentations about the company’s data-collection practices and consumers’ ability to control collection of their data. It also requires that ScanScout take steps to improve disclosure of their data collection practices and to provide a user-friendly mechanism that allows consumers to opt out of being tracked.

The Hill:  New coalition forms to fight Web domain-name plan

Eighty-seven companies and business associations announced on Thursday that they have formed a coalition to fight a plan that would allow for new domain addresses.

NY Times:  E.U. to Tighten Web Privacy Law, Risking Trans-Atlantic Dispute

The European Commission is planning a legal change next year that may prompt U.S. Web giants like Google and Facebook to rethink how they store and process consumer data, raising the prospect of a trans-Atlantic dispute over Internet privacy.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

FTC.gov:  FTC Approves Final Settlement Orders Against Marketers Who Claimed Their Mobile Apps Could Cure Acne

Following a public comment period, the Federal Trade Commission has finalized two settlement orders with three individuals who allegedly claimed that their smartphone applications could cure acne. The settlements bar the marketers of AcneApp and Acne Pwner from making acne-treatment claims about their mobile apps and other medical devices, or claims about the safety, performance, benefits, or efficacy of any device unless they have scientific evidence. The two marketers of AcneApp are also barred from misrepresenting research, tests, or studies.

Environmental Leader:  Calif. Sues Firms Over Degradable Bottle Claims

Bottle manufacturer ENSO Plastics, and drinks companies Aquamantra and Balance Water are being sued by the California attorney general’s office over claims that they misled customers by falsely marketing water bottles as biodegradable, the Huffington Post reports.

Environmental Leader:  Recyclers Petition FTC Over Car Dealer Warranty Claims

Trade body the Automotive Recyclers Association has filed comments with the Federal Trade Commission asking the agency to keep a close eye on potentially unfair language used by auto parts dealers regarding the use of recycled vehicle parts and their impact on car warranties, according to SearchAutoParts.com.

FTC.gov:  FTC Seeks Public Input in Review of Textile Labeling Rules

As part of the Federal Trade Commission's systematic review of all current FTC rules and guides, the FTC is seeking public comment on its Textile Rules, which require that textiles sold in the United States carry labels disclosing the generic names and percentages by weight of the fibers in the product, the manufacturer or marketer name, and the country where the product was processed or manufactured. The FTC's Textile Rules implement the Textile Fiber Products Identification Act.

Huffington Post:  FCC To Rule On Online Political Advertisement Disclosure

Everyone is used to seeing a flood of political advertising, whether they are vicious attack ads or saccharine puff pieces, in the months before an election. Soon, the public may get a huge amount of information about the source and cost of all of those advertisements in a way that has never been done before.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

USA Today:  Facebook's new features remain unpopular

The more you use Facebook, the less likely you are to be concerned about privacy invasion.

That's the core finding of a USA TODAY/Gallup Poll telephone survey last week of more than 2,000 adults.

Inside TV:  'Happy Days' lawsuit: Fraud claim thrown out by judge

Back in April, members of the cast of Happy Days, including Marion Ross, Erin Moran, Don Most, Anson Williams, and the estate of the late Tom Bosley, filed a lawsuit against CBS, claiming that the network violated breach of contract and owed them for merchandising revenues that they had been cut out of. The $10 million suit claimed the stars of the sitcom “were guaranteed five percent of royalties profits if their images appeared on a product.”

Excite News:  Report: Food labels need Energy Star-like ratings

Just as that Energy Star tag helps you choose your appliances, a new report says a rating symbol on the front of every soup can, cereal box and yogurt container could help hurried shoppers go home with the healthiest foods.

The Hill:  FTC approves Google Buzz settlement

The Federal Trade Commission voted 4-0 to give final approval to its settlement with Google over the failed rollout of its Buzz social network last year.

CNET:  Google, Facebook go retro in push to update 1986 privacy law

For a few hours on Capitol Hill yesterday evening, it was October 1986 again, complete with legwarmers, an Apple IIc, pop rocks, Duran Duran, and cell phones the size of a cat.

The companies sponsoring this night of nostalgia include Google and Facebook, which are hoping to visibly highlight how out-of-date a law enacted 25 years ago today has become in an age of cloud computing, gigabit networks, and terabyte storage.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Information Week:  Government officials tell companies at Web 2.0 Summit that they are asking for trouble if they collect data first and ask questions later.

Would-be data miners were urged to dig carefully at the Web 2.0 Summit in San Francisco on Tuesday.

Ann Cavoukian, information and privacy commissioner of Ontario, Canada, and David Vladeck, director of the Federal Trade Commission's Bureau of Consumer Protection, took turns advising the entrepreneurs and business leaders in the audience to gather only data that's necessary and to do so in a way that respects user privacy.

LA Times:  No fruit in Fruit by the Foot? General Mills sued over snacks [Updated]

There’s not much fruit in General Mills snacks such as Fruit Roll-Ups, Fruit by the Foot and Fruit Gushers, alleges a new suit against the giant food company.

Instead, the candies are stuffed with sugars, artificial additives and dyes, according to a complaint filed Friday in federal court in California. The nonprofit Center for Science in the Public Interest, filing on behalf of Northern California mother Annie Lam, claims that the products give a misleading impression of being healthy by professing to be low in calories, fat and gluten.

Direct Marketing News:  Study: Consumers most willing to share shopping data with brands

Consumers are most willing to share shopping data with brands online, according to a study released by agency network McCann Worldgroup's McCann Truth Central on Oct. 18. "The Truth About Privacy” study found that 71% of consumers said they would share shopping-related data, such as product “likes” and browsing history, with a brand online.

New York Law Journal:  Viacom Urges Second Circuit to Revive YouTube Suit

Viacom International and a host of content providers asked a federal appeals court yesterday to reverse a decision dooming their claim that YouTube is liable for $1 billion in damages for copyright infringement.

Tech Daily Dose:  Energy And Commerce Panel To Examine Net Gambling

It looks like supporters of fully legalizing online poker may get a chance to make their case before Congress.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  More Consumers Believe Sustainability Claims – But Many Still Skeptical

Americans today are more likely to believe businesses’ green claims, but 39 percent still say that companies’ assertions about the environment are not accurate, according to a report from GfK Roper Consulting.

Excite News:  NY Sen. Schumer accuses OnStar of invading privacy

The OnStar automobile communication service used by 6 million Americans maintains its two-way connection with a customer even after the service is discontinued, while reserving the right to sell data from that connection.

Mediapost:  Privacy Icons Roll Out On Video Ads

The you-are-being-targeted icons that began rolling out on banner ads late last year are now coming to video ads. Privacy company Truste has entered into an agreement with Adap.tv to carry the icons on the company's online ad platform. As of July, Adap.tv reaches more than 20% of the U.S. population, according to comScore.

Court House News:  Court Axes $100K Award in GoPets Cyber Warfare

The minds behind "virtual pets" cannot tweak what it means to register a domain name on the Internet, the 9th Circuit ruled Thursday, setting aside a $100,000 victory for the South Korean company in a long-running cybersquatting case.

Bloomberg:  M&S, Interflora Both Claim Victory in Case Over Internet Ads

Marks & Spencer Group Plc (MKS) and florist network Interflora both claimed victory following a European Union court ruling on whether companies can use rival’s trademarked terms to trigger advertisements on search engines.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

MSNBC:  'Corn sugar' is false advertising, FDA warns

Industry attempts image makeover after scientists linked product to health problems

The Food and Drug Administration has cautioned the corn industry over its ongoing use of the term "corn sugar" to describe high fructose corn syrup, asking them to stop using the proposed new name before it has received regulatory approval, The Associated Press has learned.

Contra Costa Times:  Bay Area elected officials urge FDA to ban menthol in cigarettes

Bay Area anti-tobacco advocates are lobbying elected officials to urge the federal government to ban the use of menthol in cigarettes and other tobacco products.

NY Times:  Setting Boundaries for Internet Privacy

Watchful European privacy regulators are wielding increasing influence beyond the Continent’s borders. Last week, they pressed Google, as they had Apple, to change the way it collected data on cellphone locations worldwide.

But there is one area where even European regulators appear stymied — the tracking of consumer Internet surfing habits by technology companies, advertisers, Internet service providers and Web businesses that focus on consumers on the basis of online behavior.

St. Louis Post-Dispatch:  Class action trial against makers of light cigarettes begins in St. Louis

Lawyers are seeking up to a billion dollars in a class action suit on behalf of Missouri smokers against tobacco giant Philip Morris, accused of claiming light cigarettes were safer than regular cigarettes when they weren't.

Adweek:  Proponents of New Food Marketing Guidelines Win Senate Victory

Committee votes to shield proposal from House opposition

Proponents of the federal government's proposed new guidelines on marketing food to children scored a symbolic victory Thursday night, as the Senate Appropriations Committee voted to support the guidelines against opposition from the House.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

ClickZ:  Facebook Tests Ad Opt-Out Feature

Facebook has been testing a couple new user features that affect big and small brands.
First, the company is giving some people greater control over the ads they see. A subset of Facebook users is being offered the opportunity to "Hide all from [advertiser]" when they mouse over the "x" in the upper right hand corner of an ad. Selecting that option apparently eliminates future ad impressions served to the user. It's unclear whether the user is opting out of that particular campaign or all future ads from the brand.

Reuters:  False ad suit can proceed versus Groupon: attorney

A U.S. judge said parts of a false advertising lawsuit can proceed against online coupon distributor Groupon, according to one attorney who attended a court hearing on Wednesday.

Environmental Leader:  Are Your Marketing Claims ‘Green Guide’ Compliant?

Upcoming Changes Further Limit Environmental Claims

Last fall, the Federal Trade Commission (FTC) proposed revisions to its “Guides for the Use of Environmental Marketing Claims,” commonly known as the “Green Guides,” first published in 1992. The agency published these proposed changes to address emerging environmental claims. The FTC has not announced a final publication date, but prudent companies will already be reflecting the FTC’s views in their labeling and advertising.

NPR:  FDA Cooking Up Helpful New Nutrition Facts Label

Uncle Sam wants you to know more about what you're eating.

The Food and Drug Administration wants to revise the nutrition facts label — that breakdown of fats, salts, sugars and nutrients on packaging — to give consumers more useful information and help fight the national obesity epidemic.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

ClickZ:  Apple to Restrict iPhone Trackers Used in Ad Targeting

Apple has indicated that it may withdraw developer access to unique device identifiers (UDIDs) on the iPhone, which could have major implications for the way ads are served within applications on the device. Networks and analytics companies often make use of the mechanism to target, frequency cap, and track mobile ads, serving a similar purpose as cookies do on desktop computers.

Environmental Leader:  ConAgra Sued Over ‘Natural’ Claims

A law firm is inviting consumers to submit claims against companies using the term “natural” on their foods, as the attorneys pursue a class-action lawsuit against ConAgra.

FTC.gov:  FTC Updates Telemarketer Fees for the Do Not Call Registry

The Federal Trade Commission has announced updated fees starting on October 1, 2011, for telemarketers accessing phone numbers on the National Do Not Call Registry. All telemarketers making calls to consumers in the United States are required to download the numbers on the Do Not Call list to ensure they do not call consumers who have registered their phone numbers. The first five area codes are free, and organizations that are exempt from the Do Not Call rules, such as some charitable organizations, may obtain the entire list for free. Telemarketers must subscribe each year for access to the Registry numbers.

The Recorder:  Facebook Settles Trademark Fight with Lamebook

The trademark battle between Facebook Inc. and the parody site Lamebook.com is over.
The companies have reached an agreement that lets Lamebook continue to operate under its current name. But Lamebook, which mocks the funny and "lame" things people post on Facebook, will add a disclaimer to its website and will not seek trademark protection for its name.

The Telegraph:  Motorola Atrix advert banned

Motorola has been banned by the Advertising Standards Agency from claiming its Atrix phone is the most powerful smartphone in the world because the Samsung Galaxy SII has a better processor

Motorola has been banned from claiming its Atrix phone is the “world's most powerful smartphone". In a new ruling from the Advertising Standards Authority (ASA), an advert which made the claim was found to be misleading after two complaints from Samsung users. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  Kenmore, Rheem, LG to Display New Energy Star Seal

Electrolux, Sears Kenmore, LG and Samsung are a few of the brands that have earned a new Energy Star label designating the most energy-efficient products in each category.

Time:  States Fight Back Against City Laws on Unhealthy Food

The city of Cleveland took a stand against unhealthy restaurant food this year, adopting a ban on added trans fats. The new law could have helped reduce heart disease in the city, but before it could take effect, the Ohio state government stepped in — and overturned the ban.

Reuters:  Florida court upholds $30 million tobacco award

The Florida Supreme Court on Tuesday upheld a jury's order that the R.J. Reynolds Tobacco Co pay nearly $30 million to a woman whose husband died of lung cancer after decades of smoking its cigarettes.

FTC.gov:  FTC Proposes 'Lighting Facts' Labels for Additional Types of Light Bulbs to Help Consumers

The Federal Trade Commission is seeking public comments on proposed amendments to the Appliance Labeling Rule that would require a “Lighting Facts” label on additional types of light bulbs to help consumers select the most efficient bulbs to meet their lighting needs, and a specific test procedure for light-emitting diode (LED) bulbs.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Washington Post:  Ubiquitous ‘tiny belly’ online ad part of scheme, government says

It might be the ad that ate the Internet.

“1 Tip for a Tiny Belly” reads the headline, rendered in what appears to be hand-lettered type and positioned above a crudely animated drawing of a woman’s bare midriff. Try as you might to concentrate on something else, the midriff distracts your eye by shrinking and reinflating — flabby to svelte, svelte to flabby.

Reuters:  WHO wants more graphic warnings to cut smoking rates

More than a billion people in 19 countries are now covered by laws requiring large, graphic health warnings on tobacco packs but too many countries are still not doing enough to cut smoking rates, the World Health Organization said on Thursday.

Medical Marketing & Media:  Pharmas ask FDA for guidelines on off-label info

Seven large pharmas filed a citizen petition with FDA asking for guidance on communication about off-label uses for products.

Environmental Leader:  SC Johnson Removes Windex Green Seal, Settles Suit

SC Johnson will stop using its Greenlist logo on U.S. Windex products as part of the resolution to two lawsuits, the household products company has announced.

Media Post:  IAB Sets Rules For Online Ad Research

The Interactive Advertising Bureau has introduced a set of best practices for conducting online ad effectiveness research.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Business Week:  Google Sued for $421 Million by Paris Rival for Ad Policies

Google Inc. was sued in France by a local competitor over claims the world's largest search engine blocks rivals from reaping advertising revenue and gives preference to its own sites in query results.

US Law Watch:  Split Supreme Court Strikes Vermont Data Mining Law, Says Statute Burdens Free Speech

In a 6-3 decision, the U.S. Supreme Court June 23 declared unconstitutional a Vermont statute that bars pharmacies from selling or disclosing information that identifies physicians and the medications they prescribe for marketing purposes and precludes pharmaceutical manufacturers from using such information to market their products (Sorrell v. IMS Health Inc., U.S., No. 10-779, 6/23/11).

FTC.gov:  FTC Settlement Prohibits Marketer from Claiming that Nivea Skin Cream Can Help Consumers Slim Down

Beiersdorf, Inc. to Pay $900,000 to Settle FTC Charges

As part of its ongoing efforts to protect consumers from over-hyped advertising claims, the Federal Trade Commission reached a settlement requiring Nivea skin cream maker Beiersdorf, Inc. to stop claiming that regular use of its Nivea My Silhouette! skin cream can significantly reduce consumers’ body size. The company also has agreed to pay $900,000 as part of the settlement.

The Hill:  Bill would tighten rules for dietary supplements

The dietary-supplement industry is pushing back against new restrictions proposed by Sen. Dick Durbin (D-Ill.).

Durbin introduced a bill Thursday to tighten labeling requirements for supplements. It would require the Food and Drug Administration to define the difference between supplements and food products. Under current law, companies can choose which way to classify and market their products.

LA Times:  Restaurants want more leeway in how they post calorie counts

The restaurant industry wants the FDA, which is developing rules for displaying calorie counts on menus, to allow restaurants more discretion in the way the numbers are presented. It also seeks a delay in implementing the rules.

The restaurant industry has asked the federal government to tone down and delay some of its proposed rules for displaying calorie counts on menus.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

MediaPost:  MIT: Personalized Ads Don't Always Work 

Personalized advertising isn't all it's been cracked up to be, according to a new study from MIT.
Contrary to popular practice, personalized ads not only don't drive conversions, but are likely to be ignored, according to the study by MIT Sloan School of Management Prof. Catherine Tucker and London Business School Prof. Anja Lambrecht.

Reuters:  Google has no agreement yet to digitize books

Google Inc has yet to agree with authors and publishers on a legal plan to create the world's largest digital library, and a federal judge who struck down an earlier accord gave it another seven weeks to try.

eMarketer:  Display Ads Lift Branding Metrics

Rich media campaigns boost intent to recommend

Display campaigns may not often get credited with the last click before a conversion, but their value as a branding tool continues to be borne out. Research from audience data intelligence firm Lotame indicates a significant lift in intent to recommend a product among internet users who have seen a display ad.

ClickZ:  Behavioral Icon Appears in Political Ads

The online ad industry's self-regulatory program is getting political. Online ads from political advertisers have begun featuring the Ad Choices icon, which notifies users that an ad has been targeted through behavioral data.

paidContent:  Twitter And Facebook Reminders Banned From French Airwaves

How do you say Facebook and Twitter in French? You don’t – at least, not if you are on radio or television, where French officials have banned any mention of them unless they are specifically part of the story.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Twitter Gives Users More Privacy Controls for Third-Party Applications

Twitter Inc., the micro-blogging service, added tools that give users more control over how data is shared with third-party applications.

FDA seeks tobacco industry input, but some firms frustrated with process

Some tobacco industry representatives expressed frustration Monday with how the U.S. Food and Drug Administration has handled its regulatory authority over tobacco products so far.

FTC To Update Online Advertising Guides

The Federal Trade Commission will revamp its 11-year-old online advertising guides to address social media, mobile devices and other newer platforms, the commission announced on Thursday.

Social networking privacy bill stalls in Senate

Sen. Ellen Corbett isn't expecting a friend request anytime soon from Facebook CEO Mark Zuckerberg.  The social networking giant is among those working to scuttle Corbett's Senate Bill 242, which is intended to give social network users more control over their online private information.

FDA issues warnings to online retailers making 'unsubstantiated claims' about tobacco products

The Food and Drug Administration sent 11 warning letters last week to online retailers selling tobacco products that claimed to reduce the harm and risk of tobacco-related disease.

Food makers resist lawmakers’ proposal for guidelines in marketing to children

The food and advertising industries are pushing back against an Obama administration proposal that calls for food makers to voluntarily limit the way they market sugary cereals, salty snacks and other foods to children and teens.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Bloomberg Businessweek: Android Phone Users Sue Google Over Alleged Tracking of Their Movements

Two Android phone users sued Google Inc. (GOOG) over claims their phones secretly recorded and stored data about their movements.

Reuters:  Lawmakers: extend privacy codes to app makers

Mobile privacy safeguards should also extend to third-party application developers, two lawmakers said after reviewing the practices of four major U.S. wireless carriers.

CNN:  Verizon to put location-tracking warning sticker on phones

Verizon says it will soon begin placing a sticker with this warning on all new devices.

In the wake of a giant brouhaha over the news that Apple's iPhones record and store users' locations, Verizon Wireless says it will start slapping 'we can track you!' warning stickers on its products.

The Hollywood Reporter:  Mike Tyson Tattoo Artist Sues Warner Bros. to Stop Release of 'Hangover 2'

S. Victor Whitmill, who calls the Tyson design "one of the most distinctive tattoos in the nation," is asking for an injunction to stop the release of the highly-anticipated comedy sequel

The man who gave Mike Tyson his distinctive facial tattoo has sued Warner Bros. over the similar-looking facial art on Ed Helms' character in the upcoming The Hangover: Part II.

MediaPost:  Do-Not-Track Bill Clears California Judiciary Committee

A proposed privacy bill in California aimed at ensuring that consumers can opt out of online tracking has cleared the state's Senate Judiciary Committee by a 3-2 vote.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  Green Consumerism in Doubt

As companies push to capitalize on eco-sensibilities this Earth Day (see our wrap-up), a suite of reports suggest mixed prospects for such products and marketing efforts.

Sales of Green Works, the Clorox environmental cleaning line launched with great fanfare and a Sierra Club endorsement in 2008, have fallen from about $100 million to $60 million a year, according to the New York Times. The paper reports that many green products are struggling to keep up sales during recession.

paidContent.org:  Less Than 1 Percent of Firefox Users Using ‘Do Not Track’ Option

Is it because it’s tucked away in an “advanced” menu that users don’t know about? Or is it because most users simply aren’t that bothered by targeted advertising? Whatever the reason, less than 1 percent of users of Firefox 4 are adopting the “Do Not Track” option, according to Jules Polonetsky, founder of the Future of Privacy Forum think tank. Firefox 4 is the first web browser to send a Do Not Track signal to websites based on users’ requests.

Bloomberg Businessweek:  Apple, Google Queried by U.S. Lawmakers on Tracking Technology

Apple Inc. and Google Inc. were among six companies that drew inquiries from U.S. lawmakers seeking to determine whether their products breach privacy rules by tracking, storing and sharing user locations.

Reuters:  Government to regulate electronic cigarettes as tobacco

The government said on Monday it plans to regulate electronic cigarettes as tobacco products.
The U.S. Food and Drug Administration's announcement came after the U.S. Court of Appeals for the D.C. Circuit issued a decision that electronic cigarettes are not drugs or devices unless they are marketed for therapeutic purposes.

MediaPost:  Supreme Court Weighs Privacy Against Marketers' Rights

Lawmakers have recently proposed measures that would require Web companies to allow consumers to opt out of online data collection, but significant questions remain about whether such laws would violate companies' First Amendment rights to communicate with each other.
On Tuesday, the U.S. Supreme Court heard arguments in a case that could go a long way toward answering those questions. The matter stems from a Vermont law that prohibits pharmacies from selling records of prescriptions written by doctors without their opt-in consent.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Mercury News:  FDA proposes more calorie count information

It could get harder to indulge in a double cheeseburger and fries without feeling guilty.
Menu labeling requirements proposed Friday by the Food and Drug Administration will require chain restaurants with 20 or more locations, along with bakeries, grocery stores, convenience stores and coffee chains, to clearly post the calorie count for each item on their menus.

SF Gate:  State senator's Do Not Track bill on Internet data

A California state senator on Monday unveiled a bill that would force Internet companies doing business in the state to allow local consumers to opt out of online monitoring, adding to the building momentum behind a "Do Not Track" mandate.

Environmental Leader:  Executives Say They’re Improving Environment – But Say Most Other Companies Aren’t

Nearly nine out of ten executives – 88 percent – report that their company is “going green”, but only 29 percent believe a majority of businesses are doing the same, according to a survey.

FTC.gov:  FTC Settlement Requires Oreck Corporation to Stop Making False and Unproven Claims That Its Ultraviolet Vacuum and Air Cleaner Can Prevent Illness

Marketer Must Pay $750,000

As part of its ongoing efforts to protect consumers from bogus health claims, the Federal Trade Commission has reached a settlement requiring Oreck Corporation to stop making allegedly false and unproven claims that two of its appliances can reduce the risk of flu and other illnesses, and eliminate virtually all common germs and allergens. The company also has agreed to pay $750,000 to the FTC.

Daily Caller:  Boston mayor takes on sugary drinks

City of Boston Mayor Tom Menino signed an executive order, Thursday, banning the sale, promotion and advertising of sugary drinks on government-owned property. The order requires departments under the city government to take steps to comply with the ban within six months.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

FTC.gov:  Firm to Pay FTC $250,000 to Settle Charges That It Used Misleading Online "Consumer" and "Independent" Reviews

A company selling a popular series of guitar-lesson DVDs will pay $250,000 to settle Federal Trade Commission charges that it deceptively advertised its products through online affiliate marketers who falsely posed as ordinary consumers or independent reviewers.

Reuters:  EU wants Facebook, Google to comply with new data rules

Social-networking sites such as Facebook, or search engines such as Google, may face court action if they fail to obey planned EU data privacy rules, European Union justice chief Viviane Reding said on Wednesday.

Reuters:  Judge slaps down Google's digital library settlement

A U.S. judge on Tuesday rejected a $125 million settlement between Google Inc (GOOG.O) and authors that would have let the company publish millions of books online to create the world's largest digital library.

ClickZ:  Google, Yahoo and TRUSTe Advance Self-Reg Plans

Google, Yahoo and privacy certification firm TRUSTe have each taken steps to advance industry self-regulation for online behavioral advertising. Google and Yahoo are switching to the standard behavioral ad icon associated with the Digital Advertising Alliance's self-regulatory initiative. Meanwhile, TRUSTe is trying to help consumers prevent online tracking by bad actors.

MediaPost:  Kerry Privacy Bill Could Impose 'Major' Obligations On Ad Networks

A draft of privacy legislation floated by Sen. John Kerry (D-Mass.) would give the Federal Trade Commission authority to craft privacy regulations and to operate a Web site where consumers can opt out of online behavioral targeting. The potential measure would generally require companies to notify consumers about the collection of their data, and also allow them to opt out of having data used by third parties, like ad networks.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

paidContent.org:  Google Fined In French Court For Not Stopping Video Copyright Abuse

It turns out Google can still be successfully sued for hosting copyrighted material without authorisation.

Paris’ appeal court has found against Google on four counts in a case brought by a photographer, a film producer called Mondovino, makers of a documentary co-produced with Arte and the makers of another co-produced with Canal+. The search firm was ordered to pay €430,000 ($598,904/£369,370) damages and court costs.

Washington Post:  Theaters fight proposed calorie disclosure rule for movie snacks

Movie theater chains are fighting a federal regulation that would require them to disclose that their popcorn contains as many as 1,460 calories, or equal to almost three Big Macs.

Chain restaurants with at least 20 U.S. locations would have to post the calorie content of menu items under a provision in the health-care law. Regulators will propose rules by March 23 and can include concession stands and grocery stores, according to guidance that came out last year.

The Hill:  Administration backs online privacy legislation for the first time

The Obama administration is pushing Congress for the first time to pass online privacy legislation.

Brandweek:  Chrysler Sues Detroit Retailer Over Trademarked Tagline

Chrysler’s Super Bowl tagline is spawning a cottage industry, and the car company—which is already selling its own “Imported from Detroit” clothing line—is none to happy about it.

Brandweek:  FTC Flexes Its Muscle on Online Privacy

Last year, the Federal Trade Commission accused the online ad industry of not moving fast enough to protect consumers' online privacy. This year, the FTC flexed its authority to do something about it, reaching a settlement with Chitika, an online ad company.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News:  Cigarette makers sue FDA over tobacco review

Two of the nation's largest cigarette makers on Friday asked a federal court to stop the Food and Drug Administration from relying on recommendations made by an advisory panel on issues such as menthol cigarettes.

Press of Atlantic City:  Gov. Chris Christie vetoes online gambling bill, citing constitutional 

Gov. Chris Christie vetoed Thursday a bill that would have created the first-ever intrastate online gaming system, declaring it would break the state's constitutional limits that keep gambling in Atlantic City.

NY Times:  F.T.C. to Take Another Look at Alcohol Ads

For the fourth time in 12 years, the Federal Trade Commission plans to study the effectiveness of the voluntary guidelines followed by most marketers of alcoholic beverages. The guidelines are intended primarily to reduce the exposure of advertising to those under the legal drinking age.

paidContent.org:  Appeals Court: Buying Keyword Ads Based On a Competitor’s Name Is OK 

Buying advertisements tied to words that users type into search bars on Google (NSDQ: GOOG) or Bing has become a multibillion-dollar industry, and a big chunk of those ads are paid for by companies looking to peel off consumers searching for their competitors. But the purchasing of ad “keywords” that are also the trademarks of a competitor has always been dogged by legal questions and challenges. Google itself has been sued more than a dozen times over its practice of selling trademarked keywords to advertisers; and the number of lawsuits between competitors is likely even higher than that. For all the litigation in this space, though, federal appeals courts—the courts that, together with the Supreme Court, create binding precedent—haven’t said much about the practice. Today, a California federal appeals court finally spoke.

Excite News:  Cigarette displays to be banned in English stores

The cigarette packs piled into prominent displays behind store counters and supermarket checkouts in England can't be missed. They occupy prime retail real estate, helping to keep addicts hooked and quitters tempted.

But the government announced a ban on them Wednesday, a move that will keep cigarettes hidden away and make it just a tad more difficult for smokers to find their fix. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Post:  How long can NFL resist $230M from ads on jerseys?

In as little as three years, experts predict the NFL will come down with a case of NASCAR-itis and finally turn players into bill boards.

Business Week:  Gov't and big tobacco in dispute over proposed ads

The Justice Department wants the largest cigarette manufacturers to admit that they lied to the public about the dangers of smoking, forcing the industry to set up and pay for an advertising campaign of self-criticism for past behavior.

Health Day:  Study Finds Drop in Online Sales of Cigarettes

Shipping restrictions and credit card ban have worked, researchers say

A 2005 voluntary federal ban on the use of credit cards to buy cigarettes online, coupled with a ban on all commercial shipping of such purchases within the United States, has effectively curtailed the popularity of Web sites that sell cigarettes, new research reveals.

MediaPost:  IAB Members Must Publicly Affirm Privacy Principles 

The Interactive Advertising Bureau's leadership has voted to require all members to publicly state that they adhere to the industry's self-regulatory privacy rules governing online behavioral advertising.

FTC.gov:  FTC Asks Court to Shut Down Text Messaging Spammer

Operation Blasted Out Text Message Spam at a “Mind-Boggling” Rate, Agency Alleges

The Federal Trade Commission asked a federal judge to shut down an operation that allegedly blasted consumers with millions of illegal spam text messages, including many messages that deceptively advertised a mortgage modification website called “Loanmod-gov.net.” The FTC is asking the court to freeze the defendant’s assets.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

ClickZ:  New Senate Privacy Group to Focus on Behavioral Ads, Facebook

Another legislative body will now have its fingers in the online privacy pie. Senator Al Franken, a Democrat from Minnesota, has been chosen to head up a new Senate privacy subcommittee. The newly-formed subcommittee on Privacy, Technology and the Law was created by Senate Judiciary Committee Chairman Patrick Leahy, a Vermont Democrat.

Environmental Leader:  Environmental Enforcement: Retailer Fined $222,000 After Detergent Bug Claims

The U.S. Environmental Protection Agency (EPA) announced Monday that it has fined a Honolulu-based retailer of Japanese goods $222,030 for selling and distributing unregistered pesticides in detergents, cleaners and other household products.

ClickZ:  Why Consumers Quit Brands on Facebook, Twitter, E-mail 

New research by ExactTarget-CoTweet blames overly frequent messaging and poor relevancy as major reasons to why consumers opt out of a company's Facebook page, Twitter feed, and e-mail list.

The Guardian:  TV ads should be cut back, say Lords (UK)

Report says all commercial channels should be have an equal limit of seven minutes of adverts an hour

There should be less advertising on television, a move that would "greatly improve the viewer experience", according to a Lords committee.

CNET:  Survey: Most homes own at least one tech gadget

Almost all American homes now own at least one tech gadget, according to a new study released yesterday by Pew Internet.

In its "Generations and their gadgets" report, Pew revealed that 85 percent have their own mobile phones, while 90 percent live in a household with at least one working cell phone.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Media Decoder:  Effort to Provide TV Ratings by Brand Moves Ahead

For decades, advertisers and agencies involved in advertising on television — meaning, practically all of Madison Avenue — have been seeking something their counterparts overseas have long had: brand-specific ratings, or the ability to track TV ratings on a commercial-by-commercial basis.

American Medical News:  FDA regulation of e-cigarettes rebuffed again 

The agency has one more legal option -- the U.S. Supreme Court -- to prove why the popular products should face the same tests as medical devices.

The Food and Drug Administration has lost another battle in its fight to regulate what goes into so-called electronic cigarettes.

The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 24 said it would not review a decision blocking the products from FDA regulation as medical devices. An FDA spokesman said the agency is considering its legal and regulatory options. The FDA still could try to take the case to the U.S. Supreme Court.

LA Times:  'Do Not Track' Internet privacy bill introduced in House

The bill would allow the Federal Trade Commission to force online advertisers to respect the wishes of users who do not want to be tracked for marketing purposes.

A privacy bill introduced in Congress on Friday raised the possibility that Internet users will be able to prevent advertisers from tracking what they do online.

Excite News:  China limits smoking in films, TV shows

China is ordering makers of films and TV shows to limit the amount of smoking depicted on-screen, the latest effort to curb rampant tobacco use in the country with the largest number of smokers in the world.

Progressive Grocer:  Front-of-pack Labels Influence Shopper Food Choices

A recent study from HealthFocus International has found that nearly half (45 percent) of U.S. shoppers say food manufacturers should be required to disclose such information as calories, saturated fat, trans fat and sodium clearly on packaging labels. The top reason given by shoppers for wanting label information on food and beverage packages is so they can decide which products have too much of something they wish to avoid, primarily calories.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  U.K. Launches Anti-Greenwashing Guide

U.K. government has launched a toolkit to help companies avoid greenwashing.
The Department for Environment, Food and Rural Affairs (Defra) today published the Green Claims Guidance, updating previous guidelines released in 2003, BusinessGreen reports.

Morning Star:  Justice Department Wants Public Release Of Tobacco Warning Statements

The Justice Department plans to ask a federal judge to make public the proposed statements the government wants tobacco companies to publish about the dangers of their products.

FTC.gov:  FTC Approves Final Order Settling Charges That Dannon Made Deceptive Claims for Activia Yogurt and DanActive Dairy Drink

Following a public comment period, the Federal Trade Commission finalized the Order settling charges that The Dannon Company, Inc. exaggerated the health benefits of its Activia yogurt and DanActive dairy drink, two popular products that contain beneficial bacteria known as probiotics.

ClickZ:  Mozilla Rolls Out Do-Not-Track Feature in Firefox 4

Mozilla has launched a do-not-track feature in the fourth version of its popular Firefox browser, following calls from the FTC that consumers be given "comprehensive" tools to opt out of online tracking for purposes such as behavioral advertising.

Star Tribune:  General Mills prevails in use of claim 'Now Even Better'

Campbell Soup had challenged claims about Progresso Light soup.

A national advertising self-regulatory group said Wednesday that Golden Valley-based General Mills Inc. can support the "Now Even Better" claim for reformulated varieties of its Progresso Light soup -- a claim challenged by archrival Campbell Soup Co.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Mediapost:  ANA Asks Marketers To Comply With Self-Regulatory Privacy Standards

Faced with federal regulators' calls for a do-not-track mechanism as well as the threat of new legislation, the Association of National Advertisers on Tuesday asked marketers to follow the industry's self-regulatory guidelines for online behavioral targeting.

Mediapost:  GAO: FDA Needs More Probe Power Re Certain Claims

A new study from the U.S. Government Accountability Office concludes that the Food and Drug Administration needs expanded authority to investigate "structure/function" claims on food labels -- specifically, the ability to compel companies to turn over the evidence they have used to substantiate such claims' scientific validity.

Excite News:  Facebook reaches German privacy deal

Facebook said Monday it has reached a deal with German data protection officials in a dispute over unsolicited invitations sent to non-members of the social networking site through its "Friend Finder" feature.

Yahoo Finance:  Alcohol industry grapples with nutrition labeling

Alcohol by the numbers: Some in the industry want nutrition labels on bottles

Pick up just about any beverage on store shelves and on the back of the packaging you'll find a numerical rundown of calories, carbs, etc.

Unless, that is, the beverage is alcohol. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

BNA:  Extended Auto Warranties Robocaller Is Barred Permanently from Telemarketing

After repeated offenses, a robocaller stipulates to a permanent ban from telemarketing and from making false or misleading representations while selling any goods or services, according to a consent judgment entered in the U.S. District Court for the Southern District of Florida (FTC v. Khalilian, S.D. Fla., No. 10-21788, 1/6/11).

FTC.gov:  FTC Settlement Ends "Tested Green" Certifications That Were Neither Tested Nor Green 

Company Allegedly Charged Up To $549.95 for Worthless Environmental Labels

The Federal Trade Commission reached an agreement that will put an end to the deceptive tactics of a company that allegedly sold worthless environmental certifications for hundreds of dollars, and falsely told more than 100 customers that its certifications were endorsed by two independent firms – which it actually owned. The FTC settlement bars Tested Green and its owner Jeremy Ryan Claeys from making misrepresentations when selling any product.

Adweek:  Web Privacy Self-Regulation Accelerates VivaKi joins GroupM in bringing clients into compliance with online privacy program

Hoping to ward off government regulation, the online advertising industry's self-regulatory privacy program is picking up steam.

Internet Retailer:  20% of e-mail sent by retailers is opened on a mobile device, Knotice study reports

And it’s iPhone users who are the most voracious mobile e-mail readers.

One out of every five marketing e-mails a retailer sends is opened on a mobile device, shows a new study of millions of e-mail messages from direct digital marketing firm Knotice. Users of the iPhone represented the most avid mobile e-mail readers. And mobile readers typically view their messages early in the morning or late at night, the study finds.

Mediapost:  Blogs Drive Beauty Product Purchases

Despite increasingly close ties between brands and bloggers, many have asked whether such partnerships bear financial fruit. The answer, according to women's media network BlogHer, is a resounding 'Yes!'  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times:  1986 Privacy Law Is Outrun by the Web

Concerned by the wave of requests for customer data from law enforcement agencies, Google last year set up an online tool showing the frequency of these requests in various countries. In the first half of 2010, it counted more than 4,200 in the United States.

Nasdaq:  US Supreme Court To Consider Limits On Data Mining Of Drug Records

The U.S. Supreme Court agreed Friday to decide the constitutionality of a Vermont law that restricts the sale or use of doctors' prescription data for marketing purposes by drug companies.

Press of Atlantic City:  Christie signs state law allowing ads on school buses 

Gov. Chris Christie enacted a law Thursday allowing advertisements on school buses.

Environmental Leader:  Italy Carries Out Plastic Bag Ban

Italy has banned the distribution of non-biodegradable plastic bags at shops and retail points.

Reuters:  Newer tobacco products to face FDA review

Cigarette makers will have to provide U.S. regulators with detailed information about the ingredients and design of products they have introduced or changed since early 2007, or face possible penalties.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News:  Virginia tobacco maker seeks new FDA designation

Tobacco maker Star Scientific Inc. says it has developed a moist smokeless tobacco with lower levels of cancer-causing chemicals than any other tobacco product now on the market.

Broadcasting& Cable:  Rasmussen Poll Finds Little Support For Net Regs

MAP says report misses mark as gauge for support of new FCC rules

According to a just-released Rasmussen Report, only 21% of the respondents want the FCC to regulate the Internet.

Environmental Leader:  Fiji Water Targeted in ‘Greenwashing’ Class Action Suit

Fiji Water Company has been named in a class action lawsuit filed in the U.S. District Court in Santa Ana, Calif. that alleges the company has profited by greenwashing claims that it’s water products are carbon negative—which means that the production, packaging and shipment of the water removes more carbon pollution from the atmosphere than it releases into it.

NY Times:  Judge Rejects City Law on Antismoking Posters

A federal judge on Wednesday struck down a New York City law that would have forced all bodegas and convenience stores to post gruesome images of diseased lungs, brains and teeth in the shops to discourage people from buying cigarettes.

BNA:  Obama Signs Measure Targeting ‘Aggressive' Online Sales Tactics

President Obama Dec. 29 signed a bill outlawing a set of online sales practices that were examined in a Senate investigation and deemed to be aggressive and harmful to consumers.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News:  Feds propose graphic cigarette warning labels

Corpses, cancer patients and diseased lungs: These are some of the images the federal government plans for larger, graphic warning labels that will take up half of each cigarette package.

NY Times:  F.C.C. Investigates Google Street View

The Federal Communications Commission said Wednesday that it was investigating whether Google had violated laws when it collected Wi-Fi data as part of its Street View photo project.

MediaPost:  Forrester: Privacy Concerns, Saturation Slowing Social Media Growth

While its long-term impact remains unclear, social media-related privacy concerns increased among all age demographics over the past year, according to new research from Forrester. No doubt, "this concern is altering behaviors," said Forrester analyst and report author Augie Ray.

Adweek:  More Videos Ads, More User Acceptance Folks are showing grudging acceptance of such interruptions

There are not only more online video ads being shown, but users are showing grudging acceptance of such interruptions.

BNA:  FTC Convinces Court to Halt International Robocall Ring

An international robocall ring that the allegedly defrauded nearly 13,000 consumers out of almost $13 million must cease operations and will suffer a freeze of its assets pending trial, according to a temporary restraining order entered by the U.S. District Court for the Northern District of Illinois (FTC v. Direct Financial Management Inc., N.D. Ill., No. 10C 7194, 11/8/10).

• Email This
• Print
• Comments
• Trackbacks
• Share Link

New domain names near milestone - After five years of debate, ICANN to issue 'final' rules for applicants

Internet policymakers appear to be in the home stretch on a controversial plan to add hundreds of new domain name extensions -- such as .nyc, .africa and .sport -- that could forever alter the e-commerce landscape.

First Online Retailers Get Civil Penalties For Violating FTC's Appliance Labeling Rule

Three online retailers will pay a total of $400,000 in civil penalties for failing to provide, in violation of the Appliance Labeling Rule, EnergyGuide information on their websites, according to three proposed Federal Trade Commission consent orders (In re Abt Electronics, Inc., FTC, FTC File No. 1023038, 11/1/10; In re Pinnacle Marketing Group, Corp., FTC, File No. 1023038, 11/1/10; In re P.C. Richard & Son, Inc., FTC, File No. 1023039, 11/1/10).

Michigan Bans Caffeine-Laced Alcohol Drinks

Michigan has joined Utah in banning the sale of alcohol drinks infused with caffeine and other stimulants.

Stage Set for Showdown on Online Privacy

WASHINGTON — After “do not call” lists became popular, more than 90 percent of people who signed up reported fewer annoying telemarketing calls. Now, privacy advocates are pushing for a similar “do not track” feature that would let Internet users tell Web sites to stop surreptitiously tracking their online habits and collecting clues about age, salary, health, location and leisure activities.

Internet firms must be accountable for data: execs

Internet companies need to be more accountable for the mass of personal data collected from users to guard against cybercrime, industry executives said on Tuesday.

School nutrition bill could be revived in Congress

First lady Michelle Obama's campaign for healthier school lunches could be revived in Congress after two key Democrats said they will drop opposition to using funding from food stamps to pay for it.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

BNA:  Credit Repair Firm Must Cease False Claims, Up-Front Fee Charges

A credit repair organization is ordered by the U.S. District Court for the Middle District of Florida to halt making any false claim and charging up-front fees to its customers (FTC v. Nationwide Credit Services, Inc., M.D. Fla., No. 3:08-CV-1000-J-25TEM, 10/13/10).

BNA:  Court Halts Deceptive Timeshare Reseller FTC Says Conned Consumers Out of Millions

The U.S. District Court for the Southern District of Florida issued a temporary restraining order against a timeshare reselling operation that “allegedly defrauded consumers nationwide out of millions of dollars,” the Federal Trade Commission announced on Oct. 29 (FTC v. Timeshare Mega Media and Marketing Group, Inc., S.D. Fla., No. 0:10-cv-62000-WJZ, 10/20/10).

Smart Blog on Social Media:  Online privacy is shaping up as a bipartisan issue

In the midst of the fallout from Tuesday’s midterm elections, a Massachusetts Democrat and a Texas Republican issued a joint release declaring their desire to protect consumers from online data privacy violations. Reps. Joe Barton, R-Texas, and Edward Markey, D-Mass., are co-chairmen of the House Bi-Partisan Privacy Caucus, and on Wednesday they acknowledged responses to their inquires made to Facebook regarding online privacy breaches.

Excite News:  EU wants tighter online privacy

The European Union wants companies like Google Inc. or Facebook Inc. to give people more control over how their online habits are tracked, requirements that could crimp Internet firms' ability to target advertising.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times:  Code That Tracks Users’ Browsing Prompts Lawsuits

Sandra Person Burns used to love browsing and shopping online. Until she realized she was being tracked by software on her computer that she thought she had erased.

Ms. Person Burns, 67, a retired health care executive who lives in Jackson, Miss., said she is wary of online shopping: “Instead of going to Amazon, I’m going to the local bookstore.”

Adweek:  Do TV Spots Work in Web Video?

The answer is yes, but online-specific creative also has its place

A common knock on the Web video industry is that it needs to move beyond repurposed TV spots, often shown as pre-rolls before content begins.

But new research from Dynamic Logic finds that such units perform just as well as video ads created specifically for the medium when it comes to several brand attributes.

FTC.gov:  FTC and International Privacy Enforcement Authorities Launch Global Privacy Cooperation Network and Website

New Network Will Enhance Enforcement, Help to Protect Consumers’ Privacy

The Federal Trade Commission and privacy enforcement authorities from 11 countries around the world recently launched the Global Privacy Enforcement Network (GPEN), a new network that promotes information sharing and international assistance in enforcement of privacy laws. Today the network unveiled GPEN’s public website, www.privacyenforcement.net. The new website is designed to promote public awareness of the network.

BNA:  FTC's Proposed Rule Would Bar Deceptive Mortgage Advertisements

A proposed rule to prohibit all material misrepresentations in consumer mortgage advertising would “further strengthen” the Federal Trade Commission's “longstanding enforcement program aimed at preventing deceptive mortgage advertising,” according to a Sept. 22 statement by the agency.

Medical Devices Today:  Device Center Increases Advertising/Promotion Enforcement Staff

FDA's device center will increase its focus on advertising and promotion enforcement efforts, as well as policy development, with recently expanded staff resources.

Last month, CDRH's Office of Compliance increased the size of its device advertising and promotion policy group from one person to three, FDA Regulatory Counsel Deborah Wolf reported Sept. 20 at the Food and Drug Law Institute's Advertising and Promotion Conference in Washington, D.C.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  83% of U.S. Consumers Want More Products, Services Related to Cause Marketing

Eighty-three percent of U.S. consumers want more of the products, services and retailers they use to benefit causes, according to the new 2010 Cone Cause Evolution Study. The report also finds that 41 percent of consumers have purchased a product in the past year because it was associated with a social or environmental cause (41 percent), a two-fold increase since Cone first began benchmarking cause marketing in 1993.

Law.com:  POM Sues FTC Over Advertising Rules

Juice maker POM Wonderful has filed suit against the Federal Trade Commission in the U.S. District Court for the District of Columbia, claiming the agency has created a new standard for the evaluation of deceptive advertising that tramples the company's free speech rights.

The Boston Globe:  City may curb sales of sugary beverages

Health idea involves municipal buildings

First, it was smoking in restaurants and bars. Then, artery-clogging trans fat in fast food joints and bakeries. Now, Boston health regulators have their crosshairs fixed on soft drinks and other sugar-sweetened beverages sold in city buildings.

Adweek:  Commercial Confusion

People in ad agencies are sensitive to the possibility that consumers will be annoyed by their handiwork. They may pay less heed to the peril that ads will leave the audience perplexed. As we see in an AdweekMedia/Harris Poll, significant numbers of viewers find TV commercials confusing at least some of the time.

Broadcasting & Cable:  PTC Shifts '$#*! My Dad Says' Campaign to Local Stations

Focuses on "grassroots activists"

The Parents Television Council is taking its campaign against CBS's new show, $#*! My Dad Says, to the local level. It had been targeting national advertisers--a spokesperson said it has contacted over 300 advertisers--but said Tuesday that it would shift the campaign to "grassroots activists" who will " take their concerns directly to their hometown CBS affiliates and each affiliate's local advertisers."

• Email This
• Print
• Comments
• Trackbacks
• Share Link

BNA:  FTC Announces No FY 2011 Fee Increase For Access to National Do-Not-Call Registry

Telemarketers will not have to pay higher fees to obtain access to phone numbers on the National Do-Not-Call Registry in Fiscal Year 2011, according to an Aug. 31 announcement by the Federal Trade Commission.

BNA:  Italian Agency Warns Advertiser on Accuracy

Italian antitrust officials on Aug. 27 warned Italian cellular service provider 3 SpA to discontinue a misleading ad that allegedly manipulated competition against the company's larger rivals, and it warned companies that use of similar ad strategies could trigger fines.

FTC.gov:  FTC Shines a Light on Company’s Deceptive Claims for its LED Bulbs

Agency Charges Firm With Misrepresenting the Light Output and Life Expectancy of its Bulbs
The Federal Trade Commission has sued a California-based light bulb manufacturer and its principals to stop them from misleading consumers by exaggerating the light output and life expectancy of its Light Emitting Diode (LED) bulbs.

ITProPortal:  iTunes Users License Songs, Not Buy Them, Court Rules

In a breakthrough ruling US federal court has stated that songs from iTunes are licensed, not purchased.

The Ninth Circuit US Court of Appeals has ruled that users who get their songs from Apple's music service iTunes do not purchase them, but receive a license to play them, the Wall Street Journal has reported.

FDA.gov:  FDA acts against 5 electronic cigarette distributors

Agency cites unsubstantiated claims, poor manufacturing practices

The U.S. Food and Drug Administration today issued warning letters to five electronic cigarette distributors for various violations of the Federal Food, Drug, and Cosmetic Act (FDCA) including unsubstantiated claims and poor manufacturing practices.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Broadcasting & Cable:  FCC Appeals Fox Indecency Ruling

Says court's decision makes coming up with new enforcement policy a "seeming impossibility"

The FCC, with the backing of the Justice Department, has appealed a Second Circuit's Court of Appeals decision that its indecency enforcement policy is unconstitutionally vague, saying the ruling was unnecessarily broad and made coming up with a new indecency enforcement policy that would pass muster with the courts a "seeming impossibility."

BNA:  Italian Agency Questions Substantiation of Ad Claim

In what is portrayed as part of a broader crackdown on unsubstantiated medical claims, officials of Italy's Autorita Garante della Concorrenza e del Mercato disclosed on Aug. 23 that the makers of the “Power Balance” bracelet have 15 days to provide the scientific documentation to prove the medical benefits of their advertising claims.

NY Times:  Charges Settled Over Fake Reviews on iTunes

Discerning Internet users know that glowing online reviews of things like books or restaurants cannot always be trusted. But federal regulators are serving notice that if you stand to gain financially from the review you are writing, you should be upfront about it.

Brandchannel:  Celebrities Strike Endorsement Deals in China

As the Chinese economy evolves, brand marketers there seem to be following in the footsteps of other global brands in applying tried and true techniques, such as using celebrities. What's different, though, is that upstart Chinese brands are importing foreign celebrities to pitch local products to Chinese consumers.

Environmental Leader:  EPA Proposes Fuel Economy Stickers

Beginning in 2012, new labels will help end the confusion caused by a new generation of electric and hybrid cars, fastcodesign.com reports.

The U.S. Environmental Protection Agency and the Department of Transportation on Monday released two proposed window stickers designed to make it easier for consumers to compare vehicles.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  Study Finds 40% of U.S. Consumers Likely to Test Drive Evs
Forty percent of consumers say they are likely to test drive an electric vehicle, according to an online survey of American adults from the Consumer Electronics Association (CEA).

Environmental Leader:  FTC’s Green Guides Could Nullify Environmental Seals of Approval

The Federal Trade Commission (FTC) is on track to release an updated set of Green Guides that are used by the agency to enforce environmental marketing laws against unfair and deceptive advertising, reports Advertising Age. Experts tell the magazine that the pending guidelines could make about 300 environmental seals of approval useless.

FTC.gov:  Auto Warranty Robocaller To Pay $2.3 Million, Sell Mercedes For Consumer Redress

Consumer Redress Collected from All Defendants in Robocall Case Totals $3 Million

One of the telemarketers who blasted U.S. consumers with millions of illegal auto “warranty” robocalls last year will pay approximately $2.3 million, give up his Mercedes, and be barred from telemarketing, under a settlement with the Federal Trade Commission that wraps up the agency’s case against the deceptive operation. In sum, the FTC is collecting nearly $3 million to reimburse victims of the scam.

Court House News:  Facebook Gives Teachbook an F

Facebook claims schoolteachers copied its work and should get an F. The social networking site claims that Teachbook.com "rides on the coattails of the fame and enormous goodwill of the Facebook trademark" in "a blatant attempt to become Facebook 'for Teachers.'"

Reuters:  Jury awards $7.3 million in "Man from U.N.C.L.E." case

A Los Angeles jury has awarded $7.3 million to producer Anchor Bay Entertainment from a woman who was accused of selling rights to the classic TV series "Man from U.N.C.L.E." that she didn't own.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Las Vegas Sun:  New York-New York wins trademark suit over Internet domain name

MGM Resorts International has won a trademark infringement lawsuit involving its New York-New York hotel-casino on the Las Vegas Strip, with MGM Resorts winning rights to the potentially valuable Internet domain name newyorknewyork.com.

Tech Daily Dose:  Groups Call On Congress To Probe Internet Explorer's Privacy

Six privacy groups have called on the Senate and House Commerce committees to examine whether the latest version of Microsoft's Internet Explorer browser makes it easier for firms to track a consumer's Web surfing habits for advertising purposes.

FTC.gov:  FTC Halts Cross Border Domain Name Registration Scam

Thousands of Small Businesses and Non-profits Billed for Bogus Renewal Fees

The Federal Trade Commission has permanently halted the operations of Canadian con artists who allegedly posed as domain name registrars and convinced thousands of U.S. consumers, small businesses and non-profit organizations to pay bogus bills by leading them to believe they would lose their Web site addresses unless they paid. Settlement and default judgment orders signed by the court will bar the deceptive practices in the future.

PC Mag:  Google Extending Street View in Germany, Prompting Concern

Google will extend its Street View mapping service into Germany by the end of the year, but data protection officials said they were surprised by the fast-approaching deadline for residents to object to having their homes appear via Street View.

Excite News:  Paris Hilton sued for $35M for wearing wrong hair

Paris Hilton was sued Wednesday for allegedly wearing someone else's hair.
A company that manufactures hair extensions claimed the 29-year-old socialite breached her contract to wear and promote their product when she sported the fake locks of a competitor in 2008.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

LA Times:  Lawmakers grill Internet firms over privacy protection

After a string of online privacy problems this year, legislators grilled Google Inc., Apple Inc., Facebook and others on Tuesday, seeking assurance that user information will be protected in the future.

Excite News:  Chicken producers debate 'natural' label

A disagreement among poultry producers about whether chicken injected with salt, water and other ingredients can be promoted as "natural" has prompted federal officials to consider changing labeling guidelines.

Reuters:  Google changes trademark ad policy in Europe

Google is set to allow advertisers in Europe to use rivals' trademarks when bidding for online ads in a move that will prevent big brand owners from controlling which ads appear during users' searches.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader:  Congress Set to Reform Law on Personal Care Product Safety

Jan Schakowsky, D-Ill., Ed Markey, D-Mass., and Tammy Baldwin, D-Wis., have introduced a bill that will reform the current law on the use of ingredients in personal care products including cosmetics, reports The Campaign for Safe Cosmetics.

Brandweek:  Looking Online to Verify Word-of-Mouth Recommendations

Word of mouth is all well and good, but a new Cone Inc. report indicates that consumers don't take it as gospel when deciding on purchases. With all due respect to Uncle So-and-so's opinion about what they should buy, people are looking online for information to support or rebut such advice.

ClickZ:  FTC Studying Do-Not-Track List for Online Ads

As the House inches forward on comprehensive privacy legislation that could have a major impact on online advertising, a Senate Committee met today to discuss online privacy issues. During the hearing, Federal Trade Commission Chairman Jon D. Leibowitz said multiple times that the agency is currently assessing the viability of a do-not-track list for online advertising.

Antitrust & Trade Regulation Daily:  House Passes Legislation To Regulate Fur Labeling

The House on July 28 passed the Truth in Fur Labeling Act (H.R. 2480), a bipartisan bill to improve the accuracy of labeling on fur products.

NY Times:  Congress Rethinks Its Ban on Internet Gambling

With pressure mounting on the federal government to find new revenues, Congress is considering legalizing, and taxing, an activity it banned just four years ago: Internet gambling.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Reuters:  Half of social networkers worried about privacy: poll

Half of Americans who have a profile on social networking sites such as Facebook and MySpace are worried about their privacy, according to a new poll.

MediaPost:  Story Study: Drug Ads Educate, Inform 

Those warnings of all the side effects that can arise from prescription medication may be distracting, but they seem to be doing their job of making consumers feel they're getting a fair and balanced picture of the product's benefits and risks.

FTC.gov:  FTC Joins New Asia-Pacific Multinational Network of Privacy Enforcement Authorities

APEC Cross-Border Cooperation Will Help Protect Consumers’ Privacy

Advancing its mission to protect consumers’ privacy as their data moves across borders, the Federal Trade Commission has joined an agreement with privacy enforcement authorities from other member economies of the Asia Pacific Economic Cooperation forum. The agreement provides a framework for agencies from different APEC member economies to help each other with enforcement investigations. It also enhances information sharing among these agencies.

MediaPost:  IAB: New Privacy Regulation Proposal In House Is 'Mixed Bag'

Privacy legislation introduced on Monday by Rep. Bobby Rush (D-Ill.), chairman of the consumer protection subcommittee, is a "mixed bag" for the online ad industry, says Interactive Advertising Bureau Vice President of Public Policy Mike Zaneis.

MediaPost:  DoubleVerify Launches Fraud Detection Lab 

Digital media-verification company DoubleVerify on Wednesday debuted a research arm to uncover fraudulent sites, as well as malware, spyware, adware and other forms of fraudulent online ads. The Advertising Fraud Detection Lab will investigate ad fraud in real-time and raise awareness of deceptive scams taking place online.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Reuters:  Twitter settles privacy charges with U.S.

Microblogging service Twitter has agreed to a settlement with the U.S. Federal Trade Commission over charges it put its customers privacy at risk by failing to safeguard their personal information.

Environmental Leader:  Survey Finds Consumers Still Buying ‘Green’ Products

U.S. consumers are buying the same or more environmentally responsible products, regardless of region, age, gender or state of the economy, according to a second annual survey commissioned by SCA and conducted by Harris Interactive.

Multichannel News:  Bill Would Preempt Multiple Net Taxes - NCTA, Verizon Support The Proposed Legislation

Let the online goods flow freely, or at least more freely.

That was the message Thursday from the Hill, where Reps. Rick Boucher (D-Va.) and Lamar Smith (R-Tex.) have introduced a bill that prohibits state and local duplicative taxation of Internet transactions. Boucher is chair of the House Communications Subcommittee, while Smith is the ranking member of the Judiciary Committee.

Environmental Leader:  Online Database to Compare Ecolabels

A new online database created by World Resources Institute (WRI) and Big Room Inc. will allow companies and consumers to compare claims between different environmental certifications for food and consumer products, according to a press release.

LA Times:  Wrigley agrees to settle lawsuit over ads for Eclipse gum

Chewing gum maker W.M. Wrigley Jr. has agreed to pay as much as $7 million and change how it markets and labels its Eclipse gum to settle a lawsuit that alleged its ads were misleading, attorneys for the plaintiffs said Tuesday.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Google News:  World Cup officials: Women were dressed to shill 

More than 30 women showed up at the Netherlands-Denmark match wearing orange mini-dresses emblazoned with the name of a Dutch brewery — earning them a red card from World Cup officials who acted to quash what they called an ambush marketing scam.

InformationWeek:  75% Of U.S. Households Use Social Networking

A Nielsen study shows Internet users spent an average of more than 6 hours a month on sites such as Facebook, MySpace, and Twitter during May.

U.S. consumers are spending more time online -- and devoting a growing percentage of those hours to social networking sites -- a trend expected to create a surge in spending on advertising to this audience.

Environmental Leader:  Marcal Adds Environmental Facts Panel on Paper Goods Packaging

Marcal Manufacturing claims to be the first U.S. paper goods brand to add an environmental facts panel on its packaging. The manufacturer of 100 percent recycled paper now highlights environmental data critical to its products manufacturing process on every Marcal Small Steps package.

FTC.gov:  Coming in 2011: New Labels for Light Bulb Packaging

Labels Will Emphasize Lumens, Not Watts, as a Measure of Bulb Brightness

Starting in mid-2011, the Federal Trade Commission announced today, consumers shopping for light bulbs will notice new labeling on packaging designed to help them choose among the different types of bulbs on the market – traditional incandescent bulbs, and newer high-efficiency compact fluorescent (CFL) and light-emitting diode (LED) bulbs. The new labels will enable consumers to save money by selecting the most efficient bulbs that best fit their lighting needs.

CNET:  FTC says current privacy laws aren't working

A U.S. Federal Trade Commission representative delivered a stern indictment of current privacy laws on Monday, saying they fail to protect American consumers and instead place too much of a "burden" on them.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

MediaPost:  Ad Groups File Brief In Tobacco Act Appeal

Citing wide-ranging implications for commercial free speech rights under the First Amendment, the Association of National Advertisers (ANA), the American Association of Advertising Agencies and the American Advertising Federation have filed a "friends of the court" brief in support of tobacco companies appealing a lower-court ruling that upheld the constitutionality of most of the regulations in the Family Smoking Prevention and Tobacco Control Act of 2009.

MediaPost:  Zogby Poll: Web Users Troubled By Behavioral Targeting 

The vast majority of U.S. residents are concerned about online tracking and ad targeting, according to a new Zogby International poll commissioned by telecom consultant Scott Cleland.

Environmental Leader:  Burt’s Bees, Whole Foods Perceived as Greenest US Brands

A global study on consumer perceptions of green brands and corporate environmental behavior reveals global differences about their top environmental concerns. A key finding shows that while climate change is important across most countries, 30 percent of Brazilians and 26 percent of Indians cite deforestation as the top issue, and in Australia, 68 percent of consumers say it’s important that companies manage water efficiently.

Tech Daily Dose:  Panel Backs Bill Targeting Misleading Online Tactics

The Senate Commerce Committee approved three bills Wednesday aimed at curbing texting and cell phone use while driving, loud television commercials and misleading online marketing tactics.

FTC:  At FTC's Request, Court Halts Massive Robocall Operation

Firm Delivered Tens of Millions of Prerecorded Calls and Used Offshore Shell Company

The Federal Trade Commission’s work to stop deceptive pre-recorded “robocalls” took another step forward today as a federal court halted a major telemarketing operation that made millions of illegal phone calls pitching worthless extended auto warranties and credit card interest rate-reduction programs. At the request of the FTC, a federal court judge in Chicago has entered an order stopping the operation’s calls, temporarily freezing its assets, and appointing a receiver to take control of the operation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Europe Says Search Firms Are Violating Data Rules

European Union officials on Wednesday said Google, Microsoft and Yahoo had violated rules by keeping data on individual computer users for too long.

The Internet: That's Entertainment

Web's days as the 'information superhighway' are long gone

Remember when the Internet was the "information superhighway," putting the world's knowledge at your fingertips? Now, consumers are as likely to regard it as an entertainment medium. A survey released this month by Edelman examines some of the implications of this transformation for the ways in which consumers regard entertainment more broadly -- including the factors they value and are inclined to pay for.

Judge Rules for Don Henley in Ad Flap

Calif. senate candidate Chuck DeVore had used rocker's tunes as basis for campaign spots

A federal judge has tentatively ruled that California senatorial candidate Chuck DeVore violated rocker Don Henley's copyrights on two songs when he used them as the basis for campaign commercials posted on YouTube. In addition, the judge said that DeVore's infringement was likely willful.

E-Mail Named Tops for 'Targeting'

A newly released Datran Media survey of executives at Fortune 500 companies, publishing companies, media agencies and ad agencies finds e-mail and search regarded as the digital channels that worked best last year.

IAB: Boucher Bill Strikes At 'Heart And Soul Of Today's Internet Offerings'

Potential privacy legislation being floated by Rep. Rick Boucher "would fundamentally change online information and online advertising practices to the detriment of consumers," the Interactive Advertising Bureau said Friday in written comments to lawmakers.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Will Ad Industry Self-Regulate Behaviorally Targeted Ads?

How will behavioral ad targeting work in the long term? First-party ad targeting will have full disclosure on Web sites. Third-party targeting, ad targeting across multiple Web sites, should require disclosure in the ad. In absence of that disclosure, an opt-in feature, instead of opt-out, should appear on sites. This means the consumer would have to opt in to targeting. This scenario comes courtesy of Russell Glass, chief executive officer at Bizo, a business to business audience-targeting platform and advertising network.

Survey: More See Mobile Phones As 'Retail Tool Kit'

U.S. consumers are becoming increasingly comfortable with purchasing items from mobile phones, even those that have no direct connection to said devices.

According to an online survey of 1,000 adults conducted by the Mobile Marketing Association, 17% used their mobile phones to purchase applications, ringtones and other content. Additionally, 6% used their phones to receive coupons or discounts on items, and 6% used their phones to purchase physical goods or non-mobile content or services.

Parents group angry at title of CBS series

A parents group is threatening CBS affiliates with challenges to their broadcast licenses if they air the network's new comedy with a title that alludes to an obscenity.

Public Distrusts Social Networks

There's widespread concern about privacy on these networks, according to a new survey

The presence of one's near and dear on an online social network doesn't stop people from being wary of the network itself, according to the findings of a Vision Critical survey released this month.

Facebook adjusts privacy controls after complaints
 
In Facebook's vision of the Web, you would no longer be alone and anonymous. Sites would reflect your tastes and interests - as you expressed them on the social network - and you wouldn't have to fish around for news and songs that interest you.

Standing in the way is growing concern about privacy from Facebook users - most recently complaints that the site forced them to share personal details with the rest of the online world or have them removed from Facebook profiles altogether.

McDonald’s Recalls ‘Shrek’ Drinking Glasses Tainted with Cadmium

McDonald’s has voluntarily agreed to recall about 12 million “Shrek” drinking glasses after federal regulators reported that they found the toxic metal cadmium in them, reports the Los Angeles Times.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: Renault Ad Banned Over Misleading Green Claims

An advertisement from Renault has been found to be misleading by the Advertising Standards Authority.

According to the UK watchdog, an ad for electric vehicles claimed “the well-to-wheel efficiency of a Renault Fluence Z.E. will help reduce CO2 emissions by at least 90% compared to a current Diesel model.”

Tech Daily Dose: First Internationalized Domain Names Go Live

The nonprofit group that manages the Internet's address system announced Thursday that the first non-Latin character domain names went live allowing those who speak Arabic to write some Internet addresses in their native language characters.

Ad Week: Consumers Want Companies to Mind Their Health

Consumers have come to believe that companies must behave in an environmentally responsible way. Now, a survey released by Edelman indicates that similar thinking is taking hold with regard to public health.

MediaPost: FDA Asked To Restrict Drug Marketers' Use Of Social Media

If pharmaceutical companies can't adequately explain the risks of drugs in 140 characters, they shouldn't be allowed to use Twitter to advertise. That's according to the consumer advocacy group Center for Digital Democracy, which on Monday asked the Food and Drug Administration to preserve current policies on drug marketing even if they hinder the use of social media.

Broadcasting & Cable: Study: Vast Majority of Live TV Viewers Sit Through Commercials

Not as many change channels as some may think

Some 86% of viewers stick with a given channel during the commercials, according to a study from the Council for Research Excellence (CRE), which tracked the live TV-consumption habits of 376 adults across over 750,000 minutes.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

CNN: Senators call for Facebook changes

Four Democratic senators called on Facebook CEO Mark Zuckerberg on Tuesday to reconsider the recent changes in its privacy settings and asked the Federal Trade Commission to streamline guidelines regarding privacy on all social networks.

Excite News: NY court: Swedish author likely to lose fight 

A Swedish author is unlikely to win approval through the courts to publish his novel in the United States, because it is substantially similar to J.D. Salinger's "The Catcher in the Rye," an appeals court said Friday.

NY Times: Privacy Concerns Limit Online Ads, Study Says

Privacy advocates have had an impact on Madison Avenue after all, according to a new study.

Wall Street Journal: Lawmakers Draft Web-Ad Privacy Safeguards

Advertisers and Internet companies have been scrambling to head off regulation they say will hamper growth of online advertising. The pressure is expected to build Tuesday as lawmakers prepare to announce proposed privacy legislation.

NY Times: Advertising Consumer Groups Say Proposed Privacy Bill Is Flawed

A long-awaited draft of a Congressional bill would extend privacy protections both on the Internet and off line, but privacy advocates said the bill did not go far enough in protecting consumers.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Adage: Ad groups want new FTC regs out of financial reform

'Hidden' Clause Could Make Agencies Liable for Marketers' Ad Claims

Even as President Barack Obama was making his pitch for financial reform in New York today, the advertising industry was crying out against a provision in the bill that could extend FTC power to levels not seen since the 1970s.

Environmental Leader: Compliance, Not Marketing, Motivates Manufacturers to Adopt Sustainability

Manufacturers increasingly are viewing sustainability through the lense of compliance, instead of marketing, suggesting a shift in perception from opportunity to cost, according to “Sustainability Reporting and Greenhouse Gas Management—Sensing Market Trends and Evolution in U.S. Manufacturing,” a report (PDF) from AMR Research and SAP.

CNET: Senator calls on FTC to tackle social-net privacy

New York Senator Charles Schumer has come out swinging against new announcements by Facebook that modify how much member data is shared with third-party companies, suggesting that the Federal Trade Commission needs to promptly address the issue of social-network privacy.

FTC.gov: Women's Clothing Retailer Talbots and its Telemarketer to Pay Total of $161,000 for Violating FTC's Robocall 'Opt-Out' Requirements

Women’s clothing retailer Talbots and its California marketing company have agreed to pay penalties totaling $161,000 to settle Federal Trade Commission charges that they illegally delivered prerecorded “robocalls” that failed to give consumers proper notice of their right to opt out of receiving telemarketing calls. Talbots operates stores in 587 locations in 47 states, the District of Columbia, and Canada. It markets clothing under the Talbots brand, and prior to July 2009, also marketed clothing under the J. Jill brand.

FTC.gov: FTC to Mail Out $6 Million in Refunds to Consumers Who Bought Deceptively Advertised Weight-loss Supplements from QVC

Starting April 30, an administrator working for the Federal Trade Commission will mail more than 140,000 refund checks totaling about $6 million to consumers who bought certain “For Women Only” brand dietary supplements from TV home shopping channel QVC, Inc. Last year, QVC settled charges that it violated a 2000 FTC order by falsely claiming that the supplements would cause consumers to lose substantial amounts of weight and would allow them to eat fatty and high-carbohydrate foods without increasing their body fat. QVC was required to pay $6 million for consumer refunds as the result of a settlement agreement approved by the court in March 2009.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Adweek: E-Mail Named Tops for 'Targeting'

Search also scores well in new survey of digital marketing effectiveness

A newly released Datran Media survey of executives at Fortune 500 companies, publishing companies, media agencies and ad agencies finds e-mail and search regarded as the digital channels that worked best last year.

NY Times: Visual Artists to Sue Google Over Vast Library Project

As Google awaits approval of a controversial settlement with authors and book publishers, the company’s plan to create an immense digital library and bookstore may face yet another hurdle.

Brandweek: Opinion: Why Green Companies Should Go Clear Instead

It turns out that it is easy being green—too easy. As anyone who’s ever visited a supermarket lately has noticed, brands of all stripes have been slapping labels attesting to eco-friendliness on their products, making all manner of green claims and generally touting their membership in Club Green to anyone and everyone within sight. The problem is that overuse and misuse has robbed green of its meaning. Where once it meant planet-friendly (made with recycled materials, organically grown and the like), now it’s very often used to connote sustainability, with its far broader range of issues, ranging from Workers’ Compensation and Fair Trade to social activism. In sum, green can mean virtually anything. And that suggests it will eventually mean absolutely nothing.

Mediaweek: IAB to Conduct Outreach on Behavioral Targeting Ads

The Interactive Advertising Bureau, in conjunction with the ad network trade group Network Advertising Initiative, has announced a new tactic aimed at increasing consumer awareness surrounding behavioral targeting: telling people up front exactly why they are receiving a particular Web ad.

Nextgov: New social media rules lauded, but advocates note cookie policy omission

New regulations issued on Wednesday aimed at removing obstacles to using Internet-based tools for transparency are long overdue, said accountability groups and privacy advocates, but they pointed out a promised revision to an outdated ban on cookies was conspicuously absent.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Multichannel News:  Federal Appeals Court Rules Finance Law Contributions Are Unconstitutional

Decision Could Drop More Ad Dollars Into Mid-Term Election Cycle

A Washington D.C. court has handed down a ruling that could mean even more political ad money flowing into the mid-term election cycle.

Environmental Leader: U.S. Consumers Still Willing to Pay More for ‘Green’ Products

More than one-third (35 percent) of U.S. consumers say they would pay more for environmentally-friendly products, according to a survey on “green” living from market research firm Mintel.

Mediapost: What Type Of Social Media Ads Are The Most Effective? Now that social networks devour about a fifth of Web users' time, you might be wondering which ad formats are most effective on Facebook and its rivals.

Reuters: Infomercial fitness: Those six-pack abs as seen on TV

You're bemoaning your tummy roll when on the TV appear exquisitely toned specimens working out with gadgets that promise to rock, roll or wheel those love handles into abs to die for. Should you go for it?

Brandweek:  Survey: Consumers Prefer Socially Responsible Brands 

The recession has affected not only consumer wallets, but also brand perception. According to a new survey by firms Landor Associates, Penn Schoen Berland and Burson-Marsteller, transparency and corporate responsibility have become far more important to consumers in a tough economy.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Mediaweek: Patrolling Bad Behavior

New FTC powers, Boucher bill could crimp Web $$

The government may soon wield a great deal more power over the online advertising business, and that's quickly spreading fear across the entire ecosystem, including publishers, ad networks, agencies and even their clients.

NY Times: Europe Says Google Can Sell Trademarks but at a Risk of Suits

The European Union’s highest court on Tuesday gave Google broad latitude to sell advertising linked to trademarked names like Louis Vuitton, but said the search engine might have to do more to protect brand owners from infringements arising from the practice.

Excite News: European privacy battle looms for Facebook, Google

You have been tagged in 12 photos. Even if you're not signed up to the Web site.

European regulators are investigating whether the practice of posting photos, videos and other information about people on sites such as Facebook without their consent is a breach of privacy laws. 

Environmental Leader: 71% Aware of Energy Star Label Meaning

About 71 percent of Americans are aware of the Energy Star label and its implications, according to a new report from EcoAlign.

CNET: Study: Like it or not, behavioral ad targeting works

Want to get digital-policy regulator types fired up? Start talking about behavioral ad targeting, the business of serving up digital ads that are fine-tuned to a user's Web surfing habits, and you're sure to get all kinds of wildly varied opinions about privacy and sensitive data.

But a new study from a group called the Network Advertising Initiative, or NAI, claims that behavioral targeting is more than twice as effective as non-targeted ads, and the inventory from behavioral ads is worth double that of their non-targeted brethren. The study found that 6.8 percent of people who click on behaviorally targeted ads turn into buyers, versus 2.8 percent of those who click on non-targeted ads.

TriplePundit: Green Advertisers, Government Warned on Environmental Claims

In response to a proliferation of “green” or “environmentally friendly” claims in advertising, the British Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) this week updated their codes of conduct for advertisers seeking to hawk their products as kind to the planet.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

PC World: FTC Member Rips into Google's Privacy Efforts

Several major U.S. Internet companies, including Google and Facebook, need to "step up" and better protect consumer privacy or face tougher penalties from the U.S. Federal Trade Commission, a commissioner said Wednesday.

FTC.gov: Promoter of Credit Repair, Debt Relief Services to Settle FTC Charges

A promoter of credit repair and debt relief services has agreed to settle Federal Trade Commission charges that he deceived consumers into paying thousands of dollars based on false promises that he could help solve their credit and debt problems.

USA Today: More cities ban digital billboards

As the USA cracks down on texting while driving, more than a dozen cities around the nation have banned what some consider a growing external driving distraction: digital billboards.

Mediaweek: Web Video Audience OK With More Ads, Report

Hulu is leaving some serious money on the table.

While its parents companies NBC Universal, News Corp. and Disney wrestle with the possibility of imposing a subscription fee on Hulu to offset what they perceive as lost ad revenue from TV, they might be better off simply dialing up the number of ads that run on the site, according to comScore.

CNET: More Americans use TV, Internet at same time

The marriage of TV and the Internet continues with a new Nielsen report finding more people surfing the Web and watching TV at the same time.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: Mislabeled Plastic Bottles Vex PET Recyclers
These days, almost every plastic bottle indicates that it’s recyclable. As far as two plastics recycling associations are concerned, that’s just the problem.

A preponderance of bottles falsely labeled as PET or PET-compatible is causing problems for recycling companies, reports PlasticsNews

Adage: Big Pharma Urges FDA to Adopt New Rules for Web Marketing

Seeks 'Good Housekeeping Seal'-Type Approval for Ads on Web, Social Media

Big Pharma is making one last push to the Food and Drug Administration urging the regulatory agency to quickly adopt new guidelines for marketing on the web and using social-media tools.

DIRECT: EBay Sued for Violating Disabilities Act

A federal class-action lawsuit filed against eBay claims that the auction website discriminates against hearing impaired because it requires potential sellers to verify their identity via telephone. The suit, Earll v. eBay, was filed on March 16 in Springfield, MO.

LA Times: Judge approves $9.5-million settlement of lawsuit over Facebook's Beacon program

The social networking site denied wrongdoing but agreed to end the program, which published what users were buying, last November.

After reviewing objections, a San Jose federal judge has approved a $9.5-million settlement of a class-action lawsuit over social networking site Facebook's Beacon program that published what users were buying.

SF Gate: S.F. lawyer awarded $7,000 from e-mail spammer

A judge has awarded a San Francisco attorney $7,000 in damages in a rare trial under California's anti-spam law - $1,000 for each unsolicited, misleading commercial e-mail he received.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News: 'Wardrobe malfunction' fine to be reconsidered

A federal appeals court will re-examine the FCC fine it threw out against CBS over Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show.

Adage: How Jeff Bridges Voice-overs Imperiled Hyundai's Oscars Blitz

Kim Basinger, Richard Dreyfuss and Others Helped Hyundai Comply With Oscars Rules at the Last Second

Hyundai Motor America was all ready to bombard this year's Oscars with a raft of commercials -- seven different spots were locked, loaded and ready to go. With just a few weeks to go before the March 7 ceremony, however, the company was told its commercials were unfit for air.

Atlanta Journal-Constitution: New York soda tax proposal pours a big glass of controversy

At first glance, it doesn't sound like much: A tax of one cent per ounce on sodas in New York. But the line item in New York Governor David Paterson's budget reverberates from Albany, N.Y., to Washington, D.C., and down to Atlanta. Ripples could be felt across the country.

NY Times: A Cover Ad That Mimics a Newspaper’s Front Page

The entire first page of The Los Angeles Times on Friday was an ad that looked, in part, like the front page of The Los Angeles Times, as the newspaper again tested the accepted limits on where ads can be published and how they can blur the boundary with news.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times: Anger Leads to Apology From Google About Buzz

Google moved quickly over the weekend to try to contain mounting criticism of Buzz, its social network, apologizing to users for features that were widely seen as endangering privacy and announcing product changes to address those concerns.

Adweek: Gauging Customer Loyalty

Consumers approve of rewards programs ... sort of

Getting new customers is expensive, which is why sensible marketers toil to keep the ones they've already got -- and to get them buying as often as possible. As such, loyalty programs have become a conspicuous part of the marketing landscape. But how do consumers feel about such programs? A recently released survey by the Chief Marketing Officer (CMO) Council takes a close look.

Excite News: Privacy group files FTC complaint on Google Buzz

A privacy watchdog group complained to federal regulators on Tuesday about Google's new Buzz social networking service, saying it violates federal consumer protection law.

Brandweek: Behavioral Targeting to Grow

With the effective mixing and mining of audience data becoming increasingly important to online advertisers, the role of behavioral targeting has grown more central, according to eMarketer.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times: FTC Moves May Signal Start of 'Greenwashing' Crackdown

The Federal Trade Commission is expected to crack down on "greenwashing" when it updates its environmental marketing guidelines for the first time since 1998.

MSNBC: Weight Watchers, Jenny Craig settle over ad

A weighty battle between the two companies over ad campaign

Jenny Craig has agreed to end an ad campaign featuring actress Valerie Bertinelli as part of a legal settlement with Weight Watchers International, the dueling companies said Friday.

NY Times: Of Dr. Seuss and Coal Gasification

The company that protects the copyrights on the works of Theodor Geisel, better known as the children’s book author Dr. Seuss, has sent a cease-and-desist letter to a Massachusetts company looking to get into the coal business under the name Lorax — the title character of a story published in 1971.

Portfolio.com: NFL: The Kia Ad Should Have Stayed in Vegas

The casino conglomerate MGM Mirage pulled off an end run around the NFL’s ban on Las Vegas advertising during Sunday’s Super Bowl thanks to a Kia Motors ad—and the NFL is not pleased.

DIRECT Mag:  Digital Marketing Growth Will Be Fueled By Social, Mobile, E-mail: Study

The boom areas for marketing should come as no surprise: Mobil, e-mail and search engine marketing growth will spur a 17% increase in digital marketing spending, according to a study from e-mail and marketing firm ExactTarget.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times: A Little ‘i’ to Teach About Online Privacy

A LITTLE blue symbol is carrying big implications.

Trying to ward off regulators, the advertising industry has agreed on a standard icon — a little “i” — that it will add to most online ads that use demographics and behavioral data to tell consumers what is happening.

Forbes: FTC To Silicon Valley: Tech Companies Should Protect Consumer Data

Washington wants to know: Why can't technology protect consumers' privacy instead of violating it?

The Federal Trade Commission met today in Berkeley, Calif., with corporate technology leaders and privacy advocates, challenging them to create ways to protect consumer privacy online. The FTC is encouraging technology companies such as Facebook and Apple to come up with self-regulatory tactics that will protect consumers without squashing corporate innovation.

NY Times: F.D.A. Aims at Doctors’ Drug Pitches

In the rarefied world of fashion magazines, beauty editors have often relied on a coterie of prominent dermatologists and plastic surgeons to keep them current on advances in cosmetic medicine. This symbiotic relationship has benefited magazines eager for beauty scoops and doctors seeking visibility — and patients.

But now the Food and Drug Administration has cracked down on one of the most widely quoted cosmetic doctors, sending shudders through the ranks of opinion leaders in fashion publishing and vanity medicine.

Multichannel Merchant: Live from NRF: Consumers Want Cross-Channel Synergy

As a merchant, you may consider yourself to be multichannel. But the customer views your bricks-and-mortar stores and Website as one entity, according to a survey shown Monday at the National Retail Federation's Annual Convention and Expo.

ABC News: Google's Digital Book Settlement Still Under Fire

Google's digital book settlement ripped by rivals, critics trying to get judge to reject deal

Google Inc.'s bid to secure the digital rights to millions of books remains under attack from rivals and other critics trying to block a revised legal settlement that would unlock a vast electronic library.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: 72% of UK Consumers: Give Us Carbon Footprint Labels on Food

New research from the Newcastle Business School at Northumbria University suggests that nearly three-quarters of UK shoppers are in agreement with government plans to go forward with a voluntary carbon footprint label on food items.

Environmental Leader: Taiwan Working on Carbon Footprint Labeling for CPGs

Taiwan is the latest nation to float a plan to label the carbon footprint of common consumer packaged goods, following in the footsteps of the UK and Sweden.

TV Week: Longform Ads Pull in Revenue but Raise Ethics Questions

The package is presented like something you’d see on the local news rather than like a traditional infomercial. Sometimes it resembles a lengthy feature story; other times it’s an interview with a local doctor or businessman, or a roundup of local tourist destinations.

Excite News: 4 nations clear hurdle for non-Latin Web names

Egypt, Russia, Saudi Arabia and the United Arab Emirates are the first countries to win preliminary approval for Internet addresses written entirely in their native scripts.

Environmental Leader: Wal-Mart, Best Buy, HP, Dell, Toshiba Establish ‘Green’ Electronics Label

Retailers Wal-Mart and Best Buy, together with electronics suppliers Dell, HP, Intel and Toshiba, have banded together to create a system to help consumers identify “green” electronics, according to a press release.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times: Judge Lifts Some Tobacco Ad Limits

A federal judge in Kentucky issued a mixed ruling Tuesday in the first significant legal challenge to the new federal law regulating tobacco products.

DIRECT: Smartphone Users Will Buy, If Site Allows: Survey

Here’s good news for marketers who have invested in mobile marketing platforms: Smartphone users will make purchases using their handheld devices. But here’s some bad news: Potential customers will hang up if a retailer’s mobile site functionality is poor.

NY Times: Coat Maker Transforms Obama Photo Into Ad

A garment company in New York known for publicity stunts has seized the attention of the Obama administration.

Environmental Leader: UK Government Calls for Food Labels to Show Carbon Footprint

Supermarket food in the UK will be labeled to show its carbon footprint, country of origin and animal welfare standards as part of the government’s new food strategy for the next 20 years, reports the Telegraph. The voluntary “green” food labels will show how much carbon was produced in the manufacture and transportation of food, according to the article.

Environmental Leader: Finnair Green Ad Banned

The Advertising Standard Authority (ASA), the UK’s advertising watchdog, has banned a Finnair ad claiming that it is eco-smart for travelers to use the Finnish airline, reports Electric News. ASA also recommends that airlines choose their ad words carefully when promoting their green credentials, according to the article.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leager: 85% of Americans Expect to Reduce Household Energy Use in 2010

As New Year’s Day 2010 approaches, more Americans say they are resolved to improve household energy consumption and recycling, according to a survey by Tiller LLC.

Environmental Leader: Survey Reveals Ethical Sales Tripled over Decade in UK

Consumer spending on “ethical” products ranging from Fairtrade goods to “green” products for the home has almost tripled in the UK in the past decade, according to the Co-operative Bank’s Ethical Consumerism Report 2009, which measures ethical spending in Britain, reports The Guardian.

Brandweek: BrandShield Tool to Debut

As the Web becomes more fragmented, and as more and more online advertising is sold through third and fourth parties via networks and exchanges, major brands are taking extra steps to ensure that their campaigns run exactly as planned.

FTC.gov: FTC Approves Two Reports to Congress on the National Do Not Call Registry

The Federal Trade Commission, as required by The Do-Not-Call Registry Fee Extension Act of 2007, has approved two reports to Congress: a biennial report focusing on the use of the Do Not Call Registry by both consumers and businesses, as well as the impact that new technologies have had on the Registry, and a one-time report on enforcement efforts and consumers’ perceptions of the Registry’s effectiveness.

Environmental Leader: Save the Earth Sues Honda Over Trademark Infringement

Environmental group Save the Earth Enterprises, claiming that a Honda Civic commercial infringes upon its logo, filed suit Dec. 23.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Brandweek: IRI Unveils Service for Measuring Online Ad Effectiveness

Research firm Information Resources Inc. has introduced a new platform for measuring the effectiveness of online advertising against offline sales. The move comes as packaged goods marketers spend more ad dollars on the Web, but keep a close check on ROI.

Brandweek: Packaged Goods Makers Ramp Up Green Investments

According to research by food and grocery expert IGD, 85 percent of consumer packaged goods manufacturers have either increased their investment in sustainability or kept it the same during the recession, in spite of the fact that just over two-fifths (42 percent) think the issue isn’t a high-enough area of concern for consumers.

Google News: House votes to turn down volume of noisy TV ads

The House on Tuesday voted to level off the abrupt spikes in volume felt by television viewers during commercial breaks.

Environmental Leader: Business Leaders Launch TV Ads Supporting Energy, Climate Legislation

We Can Lead, a network of 150 U.S. companies and business leaders, have put in motion a $1 million television advertising campaign in support of comprehensive energy and climate legislation.

Excite News: French court rules against Google in books case

A Paris court ruled Friday that Google Inc. is breaking French law with its policy of digitizing books, handing the U.S. Internet giant a euro10,000 ($14,300)-a-day fine until it rids its database of the literary extracts.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Adweek: Do Ads Motivate You to Switch?

A majority said ads rarely or never prompt them to switch brands of a product they usually use

Let's call it a backhanded tribute to the advertising industry that relatively few respondents to an AdweekMedia/Harris Poll said ads "never" sway them to switch brands of a product they usually use.

NY Times: Seeking a Symbol for ‘This Ad Knows About You’

With a lot of prodding from the Federal Trade Commission, the Internet advertising industry has committed to telling Web site users about how they collect and use data to customize the ads they display. And it has agreed to find a more prominent and clear way to do this than the cryptic privacy policies you can find if you click a tiny link at the bottom of many Web pages.

NY Times: Yahoo Launches Tool Allowing Users to Control Targeted Ads

Yahoo on Monday rolled out a new tool to allow users of its advertising networks to control what targeted ads they receive, in response to growing demand from consumers.

NY Times: Groups Far Apart on Online Privacy Oversight

IF online privacy was once an obscure policy subject, it has come front and center. That much was apparent at the standing-room-only roundtable on privacy and technology that the Federal Trade Commission held here on Monday.

Adweek: TV's Popularity on the Rise

34% of Americans cite TV as favorite medium, up from '08

Even though Americans are pushing domestic box-office revenue to new highs, an increasing number of them are indicating they'd rather save money and watch television.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News: Government delays new ban on Internet gambling

The Treasury Department and the Federal Reserve are giving U.S. financial institutions an additional six months to comply with regulations designed to ban Internet gambling.

Adweek: Ad Groups Fight Tobacco Act

ANA, 4A's and AAF claim regulations are unconstitutional

Three key industry groups have mounted a challenge to new tobacco laws.

The Association of National Advertisers, the American Association of Advertising Agencies and the American Advertising Federation filed a "friend of the court" brief in a lawsuit challenging the constitutionality of the Family Smoking Prevention and Tobacco Control Act.

InfoWorld: Court orders 'spam gang' network to pay $15.2 million

The international operation sent billions of spam e-mail messages, the FTC says

A U.S. district court judge has ordered the largest "spam gang" in the world to pay nearly $15.2 million for sending unsolicited e-mail messages marketing male-enhancement pills, prescription drugs, and weight-loss supplements, the U.S. Federal Trade Commission said Monday.

Reuters: EBay fined by Paris court over LVMH sales

A French court fined eBay Inc 1.7 million euros ($2.6 million) for violating a 2008 injunction that prevents French users of the online auction site from buying or selling LVMH perfumes and cosmetics on any eBay website.

Mediaweek: Nielsen Accelerates Single-Source Meter Rollout

Urged by clients to move faster, Nielsen responded Tuesday (Dec. 1) with a plan to accelerate the rollout of the Internet meter to its national people meter sample. The plans call for Nielsen to complete the roll out by Aug. 31, 2010, instead of some time in 2011.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Google News: Google, Yahoo call for expanded online drug ads

Google, Yahoo and other Web companies joined the pharmaceutical industry Thursday in urging federal regulators to make it easier to pitch drugs in online advertisements.

Excite News: Swiss privacy watchdog to sue Google Street View

Google Inc.'s unstoppable drive to map and photograph the world has run into an immovable object - Switzerland's strict tradition of personal privacy.

Excite News: Twitter to scrap controversial suggested user list

Social-media site Twitter plans to scrap its hand-picked list of "suggested users" to follow after controversy erupted over the selection of people on the list, a company executive said Monday.

Media Decoder: N.F.L. Blows Whistle on Promotion for Liquor Brand

The National Football League is calling a halt to a promotion for Captain Morgan rum after a player struck a pose during a game that invoked the rum’s brand character.

Media Daily News: Star Power: Celeb Endorsements Click With Younger Demos

A new worldwide report by Mediaedge:cia says 30% of 18- to-34-year-olds would try a product promoted by a celebrity. Older consumers are much more resistant. Conversely, consumers 35-54 years old are moved only 14% of the time by celebrity endorsers. That number is steeper -- at 11% -- for those 55 plus.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Broadcasting & Cable: ATSC Makes Progress On Loudness Problem

Approves recommended practice for broadcasters to follow

The Advanced Television Systems Committee (ATSC), the U.S. digital TV standards body, has formally approved technical guidelines that networks and stations can follow to avoid wide variations in volume between different programs and excessive loudness in commercials.

Excite News: FDA warns Web companies not to sell flavored cigs

The Food and Drug Administration said Friday that it has warned several companies to stop selling banned flavored cigarettes to U.S. consumers online.

ClickZ: EU Adopts Law Requiring User Consent for Cookies

The EU has passed a law requiring internet users' consent before cookies can be placed on their machines. The development could have huge implications for the online advertising industry, much of which uses cookies for functions such as ad targeting and audience segmentation.

Adweek: Good Old Longevity! It Has Appeal in Ads

With the recession driving companies out of business, some of the older ones that have survived (so far) make a point of mentioning their longevity in their ad campaigns. While this assures consumers they're not fly-by-night outfits, does it also make such companies seem stodgy and/or old-fashioned?

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Dow Jones Newswire: FTC To Target Advertisers, Not Bloggers, In New Guidelines

The Federal Trade Commission doesn't intend to bring individual cases against bloggers or tweeters who accept cash or gifts to tout a company's products or services, an FTC official said Wednesday.

Excite News: Book scanning prompts review of EU copyright laws

The European Commission said Monday it may revise copyright law to make it easier for companies like Google Inc. to scan printed books and distribute digital copies over the Internet. 

Environmental Leader: Samsung Pays $205K for False Environmental Claims About Keyboard

Samsung, having advertised that its keyboards were antimicrobial and could inhibit germs and bacteria, found itself in the cross-hairs of the Environmental Protection Agency.

Environmental Leader: Sweden Mandates Carbon Emissions Labels on Food

New labels listing the carbon dioxide emissions associated with the production of foods, from whole wheat pasta to fast food burgers, are appearing on some grocery items and restaurant menus in Sweden, which is expected to cut the nation’s emissions from food production by 20 to 50 percent, reports the New York Times.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Multichannel: Now Hear This: House Subcommittee Approves Commercial Loudness Bill

CALM, Passing By Voice Vote, Referred To Full Energy & Commerce Committee

The House Communications Subcommittee has approved a bill that would require the broadcast and cable industries, which includes satellite and other multichannel video providers, to regularize the volume of advertisements and the programming surrounding them.

CNET: Yes, new FTC guidelines extend to Facebook fan pages

Prominent users of Twitter and Facebook won't be exempt from controversial new Federal Trade Commission guidelines that keep tabs on blogger freebies and giveaways, according to Richard Cleland, associate director for the FTC's advertising division. The agency absolutely plans to keep tabs on social networks as well as blogs in accordance with revised regulations that could see violators fined up to $11,000, he said.

Environmental Leader: ‘Valuable,’ ‘Smart’ Among Top Descriptors Associated with Energy Efficiency

When consumers think about energy efficiency and energy conservation, “value” and “smart” are the adjectives that most come to mind, according to “Green Gap Redux: Green Words Gone Wrong,” a report from EcoAlign. The report is based on results from the EcoPinion Survey.

Mediaweek: Web Users Prefer E-mail Interaction With Marketers, Says Study

Web users are far more willing to share personal information with marketers via email than on social networking sites, according to new research commissioned by lead generation specialty firm Pontiflex.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: E-Waste Recycling Bill Floated in Senate

As more and more states institute electronics recycling programs, a U.S. Senator has proposed federal legislation that would standardize the recycling of electronics devices, reports Circuits Assembly.

Brandweek: Social Net Ads: Fewer Clicks, More Engagement

Conventional wisdom holds that social media advertising does not perform nearly as well as ads running on non-social sites, at least by standard measurements like clicks.

Reuter: U.S. lawmakers urge delay in Internet gambling rules

U.S. House Financial Services Committee Chairman Barney Frank and other lawmakers on Friday urged regulators to delay the December 1 implementation of financial rules to enforce a ban on Internet gambling.

Washington Post: FTC Sets Endorsement Rules for Blogs

Bloggers who offer endorsements must disclose any payments they have received from the subjects of their reviews or face penalties of up to $11,000 per violation, the Federal Trade Commission said Monday.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

MediaPost: Publicis Warns Online Publishers To Be Vigilant Against Rogue Insertion Orders

In an effort to head off potential liabilities and threats to its clients' reputations from rogue media buyers posing as legitimate online marketers, Publicis Groupe last week sent letters to publishers putting them on notice that they must take steps to manually confirm any requests for insertion orders they receive from a Publicis agency that looks questionable or comes from a source they are not familiar with. "We have read with increasing alarm the press surrounding rogue software and malicious advertising that is being placed on Web sites by individuals pretending to represent legitimate insertion requests," reads a copy of one of the letters from Publicis' Starcom unit, a copy of which was obtained by OnlineMediaDaily.

PC World: Facebook Will Shut Down Beacon to Settle Lawsuit

Facebook has agreed to shut down its much maligned Beacon advertising system in order to settle a class-action lawsuit.

BNET: FDA to Hold Hearing on Social Media, Web 2.0; Long Overdue Guidance Could Be On Its Way

The FDA is to hold a public hearing on how drug companies use the web and other social media to promote pharmaceuticals. The news will be greeted warmly by the industry which for years has been complaining that brand managers do not know how far the FDA will allow them to go in media such as Google ads, Twitter, Facebook, and even on their own web sites.

Environmental Leader: New York Launches Green Hospitality Certification Program

The New York State Department of Environmental Conservation (DEC) has launched a new initiative to certify lodging establishments as "green" for employing environmentally friendly and sustainable practices. Forty-three hotels and inns have signed on as initial participants for the certification process.

Environmental Leader: ‘Natural,’ ‘Recyclable,’ ‘Renewable’ Terms Resonate Most with Consumers

About 84 percent of consumers think of "green" products as those that are made of recyclable or reusable material, or include such packaging, according to new research from Grail Research.

Adweek: Ad Tracking Widely Opposed, Study Says 60% of U.S. adults don't want to be shown ads based on their interests

It has long been an article of faith among advertisers that consumers want more relevant advertising. Yet a new academic report finds that most Americans are opposed to marketers tracking them to tailor ad messages.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: Consumers Identify with Environmental Impact Issues

Consumer awareness of the environmental impact generated by various products has risen significantly since 2004. In particular, more consumers have begun to realize that the impact of appliances, electronics, and electricity is important, according to the Natural Marketing Institute.

Excite News: Congress weighs landmark change in Web ad privacy

The Web sites we visit, the online links we click, the search queries we conduct, the products we put in virtual shopping carts, the personal details we reveal on social networking pages - all of this can give companies insight into what Internet ads we might be interested in seeing.

DIRECT: Florida AG Sues Systemax Over Rebate Allegations

Florida Attorney General Bill McCollum has sued Systemax, and its subsidiaries, Tigerdirect and Onrebate, over allegations the companies failed to pay advertised rebates to consumers.

Environmental Leader: ANSI Approves Green Seal for Restaurants

Restaurants seeking to be “green” have another measure of confidence now that the American National Standards Institute has approved the Green Seal Environmental Standard for Restaurants and Food Services (Gs-46).

NY Times: Media Group to Research New Methods for Ratings

Tacitly displaying their frustration with the country’s chief source for television ratings, 14 media companies and advertisers said Thursday that they had formed a research organization to pursue new methods to measure audiences.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Brandweek: 'Green' Consumers Out to Save Money

Green consumers are more concerned about saving money than saving the planet, according to new research from advertising agency the Shelton Group. The study found that while 59 percent of green consumers identify the economy as their top concern in making purchases, a mere 8 percent consider the environment. 

DIRECT: Alleged Supplement DMers Fined Nearly $70 Million

A federal district court has ordered the marketers of two dietary supplements –Supreme Greens and Coral Calcium – who claimed the products would cure ailments ranging from cancer and Parkinson’s disease to heart disease and autoimmune diseases to pay nearly $70 million for deceiving consumers about the products’ effectiveness and safety, according to the Federal Trade Commission.

FTC.gov: FTC Settlement Bars Seller's Deceptive 'Biodegradable' Claims

A retailer of rayon towels will be barred from making false claims that mislead consumers into thinking that its products are "biodegradable," under a proposed settlement with the Federal Trade Commission.

Environmental Leader: Green Meetings and Events Guidelines Drafted

To help businesses conduct more environmentally conscious meetings and events, a new set of guidelines has been drafted by members of the Convention Industry Council.

LA Times: Tobacco firms R.J. Reynolds and Lorillard sue to block marketing restrictions

The companies and others joining the suit allege provisions in the Family Smoking Prevention and Tobacco Control Act violate the 1st Amendment.

Two of the three largest U.S. tobacco companies sued Monday to block marketing restrictions in a law that gives the Food and Drug Administration authority over tobacco, alleging the provisions violate their right to free speech.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: EU: Nearly 4,000 Airlines Must Reduce Emissions or Face Ban

The European Union (EU) has released a list of nearly 4,000 companies including commercial airlines, private jet operators and air forces around the globe that must reduce their emissions or face a European airport ban, reports DW-World.de.

DIRECT: Reward Program Communication Lacking: Study

Don’t be surprised to find your loyal customers are greeting their rewards statement with a shrug. According to a recent study, more than two-thirds of all consumers rate their satisfaction with their statements seven or lower on a scale of one to ten.

Excite News: Facebook agrees with Canada on privacy controls

Facebook agreed Thursday to give users more control over the information they share with third-party applications like games and quizzes in response to concerns raised by Canadian privacy officials.

Excite News: FTC to ban most telemarketing 'robocalls' Sept. 1

Many of those annoying prerecorded telemarketing calls will be history starting Sept. 1.

The Federal Trade Commission said Thursday that it is banning these "robocalls" to consumers, unless the telemarketer has written permission from a customer that he or she wants to receive these calls.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

PCMag: Web Ad Group Pushes For Ethical Blogging

The Federal Trade Commission is currently investigating fair blogging practices, but an advertising group is one step ahead, and has forced two companies to clearly disclose their relationship with the health-related products they promote via blogs and Web sites.

Environmental Leader: UK Food Label Would Show Items’ Environmental Impact

The UK may implement a food labeling scheme that details elements such as the number of miles from the source to the UK - a.k.a. food miles - as well as the amount and type of chemicals used on the product.

Environmental Leader: FTC Charges Clothing Firms With ‘Bamboo-zling’ The Public

Four companies selling clothing marketed as made from bamboo have been charged by the Federal Trade Commission with deceptive advertising and marketing claims.

Environmental Leader:  Green Guide Helps Businesses Prevent Greenwashing

Firms that want to prevent customers frustration over green claims that can be misconstrued as “greenwashing” should develop a framework that incorporates more effective communication that aligns with the true impacts of their environmental initiatives, according to a new report.

Environmental Leader:  Good Company Seal: Responsible Firms Only Apply

A new seal of approval is intended to steer consumers to companies that operate under best practices in corporate social responsibility, including the environment.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: Consumers Want More Green Info at Retail Level

About 40 percent of shoppers say they are left wanting when it comes to green information at the retail store level, according to a new report from Miller Zell.

Broadcasting & Cable: Ad Industry Gears Up for Battles With Washington

Health care, behavioral marketing and kids' TV among myriad fronts

Up to now, advertisers and agencies have dodged a bullet on one of the administration's marquee issues: health-care reform. They've mounted a successful campaign to block an amendment that would help pay the tab for health care with billions in new taxes on TV drug ads. But the battling has only begun, and a years-long war over ad-related issues that could threaten billions of dollars in spending is on the horizon.

NY Times: Notice Those Ads on Blogs? Regulators Do, Too

BLOGGERS, be warned. Advertisers, you too.

Two of the National Advertising Review Council’s investigative units plan to announce Tuesday their first decisions involving blogs. Their recommendations call for clear disclosure when a company is sponsoring a site or paying for product reviews.

BBC News: Rivals bid to snatch green domain

Rival environmental groups are lining up supporters to try to take control of a new net domain aimed at green groups.

At least two consortiums are known to be preparing bids to control .eco.

In March this year, former US vice president Al Gore backed a bid by the California group Dot Eco to operate the proposed "top level domain" (TLD).

But now a Canadian environmental group known as Big Room has launched a competing bid to manage the TLD, which is similar to .com or .uk.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

FTC.gov: End of the Line for Financial Telemarketer Who Violated Do Not Call Rules

Court Order Imposes Five-Year Ban on Telemarketing to Consumers

A financial services telemarketer who allegedly violated several requirements of the Federal Trade Commission’s Do Not Call Rule – from calling hundreds of thousands of consumers on the National Do Not Call Registry to failing to transmit accurate caller ID information – has settled the government’s charges and is banned from telemarketing to consumers for five years.

Environmental Leader: USDA ‘BioPreferred’ Label Intended for Retail Shelves

A new federal ‘BioPreferred’ label would give marketers of certain products - those composed “wholly or significantly of renewable plant, animal, marine or forestry materials” - a new way to present their products on retail shelves. Additionally, companies using the items in their operations might be able to claim a certain level of environmental stewardship.

NY TimesFresh Views at Agency Overseeing Online Ads

Most of the online world is based on a simple, if unarticulated, agreement: consumers browse Web sites free, and in return, they give up data — like their gender or income level — which the sites use to aim their advertisements.

The new head of the Bureau of Consumer Protection at the Federal Trade Commission, David C. Vladeck, says it is time for that to change. In an interview, Mr. Vladeck outlined plans that could upset the online advertising ecosystem. Privacy policies have become useless, the commission’s standards for the cases it reviews are too narrow, and some online tracking is “Orwellian,” Mr. Vladeck said.

InternetNews.com: Facebook Tightens Ad Guidelines

The social media site folds privacy policies into ad guidelines, warning that violators will be booted from the site.

Attention Facebook advertisers: If you don't follow the rules, you'll be banned.

The social networking giant this week updated its guidelines for advertisers to include stricter privacy policies, curtailing the potential for behavioral ad targeting.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Broadcasting & Cable: Ad Community Concerned About New Financial Services Agency

Agency would police the financial services and products markets in the wake of the financial meltdown

The House Financial Services Committee is holding a hearing next week on a bill that has the advertising community worried. The bill is the administration-backed H.R. 3126, which would create a new Consumer Financial Protection Agency.

Excite News: Jackson Browne, Republicans settle lawsuit

Jackson Browne has settled a lawsuit and received an apology from Sen. John McCain and the Republican Party over use of his song "Running on Empty" during last year's presidential campaign.

Adweek: Poll Finds Ad People, General Public Out of Sync

If an ad makes you "stop and think," is it apt to be very effective? How about if it gives you "new information"? In a LinkedIn Research Network/Harris Poll, majorities of professionals involved in decision-making about ad campaigns thought such advertising would work quite well. Alas, their opinion was not shared by the general public. For that matter, few kinds of advertising were regarded as highly by consumers in general as they were by ad people.

Environmental Leader: Lower-income Shoppers More Likely to Pay Small Premium for Green

Lower-income shoppers, including Gen Yers and Millennials just coming into the broader economy, are more likely to pay up to 10 cents more for green products, according to a new report from Miller Zell. In total, the report found that half of all shoppers are willing to pay a premium for green items.

Environmental Leader: 62% of Shoppers Respond to Green Item Impulse Buys
Showing the power of impulse buys, about 62 percent of shoppers say that the availability of green product options can impact unplanned purchases, according to a new report from Miller Zell.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Washington Post: Rosetta Stone Sues Google Over Trademarks in Searches
Rosetta Stone, the Arlington language-learning software firm, said yesterday it has filed a lawsuit against Google for trademark infringement, alleging the Internet search giant allowed other companies to use Rosetta Stone's trademark brand for online advertisements without permission.

Reuters: Power.com countersues Facebook over user data
Power.com, a San Francisco based aggregator of social networking sites, on Friday sued Facebook in a California court to try to resolve who owns data on social networking websites -- users or the sites.

Environmental Leader: Consumers Say Green Products Don’t Define a Firm’s Sustainability
A slight majority of consumers think a company can be environmentally responsible without making green products, according to research from the Natural Marketing Institute.

Adweek: Consumers Don't Hate Ads After All, Survey Says
They may not quite be grateful for advertising. But consumers realize it pays the bills for much of the content they enjoy -- and, for that matter, that it helps the economy to function. Those are among the significant findings of a newly released global survey by Nielsen, AdweekMedia's parent company.

Excite News: Watchdog: Facebook violates Canadian privacy law
Canada's privacy commissioner says the online social networking site Facebook breaches Canadian law by keeping users personal information indefinitely after members close their accounts.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Brandweek: Consumers Trust Real Friends, Virtual Strangers the Most

Recommendations from personal acquaintances or opinions posted by consumers online are the most trusted forms of advertising, according to the latest Nielsen Global Online Consumer Survey of over 25,000 Internet consumers from 50 countries.

Brandweek: Does the CEO Make an Ad More Credible?

Good news, relatively speaking, for CEOs who'd like to get their faces on TV: In polling conducted among LinkedIn members for AdweekMedia, relatively few respondents said seeing the CEO in a company's advertising makes the message less credible -- though well under half said it makes the ad more credible.

Office of the Attorney General: Attorney General Cuomo Announces Legal Action Against Social Networking Site that Raided Email Address Books, Stole Identities, and Spamed Millions of Americans

Tagged.com Engaged in Deceptive Email Promotions, Identity Theft, and Invasion of Privacy

Attorney General Andrew M. Cuomo today announced that he has served the social networking site Tagged.com (“Tagged”) with formal notice that his office intends to sue the company for deceptive email marketing practices and invasion of privacy. According to Cuomo’s notice of intent, Tagged devised an illegal plan to lure new members and artificially inflate traffic on its site. Consumers who visited Tagged were tricked into providing the company with access to their personal email contacts, which the company then used to send millions of promotional emails. Tagged disguised these solicitations to make them appear as if they were coming from a personal contact, when they were actually spam.

Brandweek: Americans Less Worried About Wasteful Packaging

Sustainable packaging is not as high a concern to Americans as it is to many others around the world, according to new Datamonitor report.

Internet regulator mulls cybersquatting block

The Internet's key oversight agency is considering a centralized database of trademark holders, to cut down on questionable registrations of new Internet addresses.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Brandweek: Offline WOM Beats the Online Variety

As brands scramble to get favorable word of mouth on social-media sites, a Harris Poll released this week finds that offline word of mouth -- i.e., words spoken by actual mouths -- exerts more influence on consumers' purchase decisions.

Excite News: High court won't block remote storage DVR systems

Hollywood studios and television networks lost their bid Monday for the Supreme Court to block the use of a new digital video recorder system that could make it cheaper and easier for viewers to record shows and watch them when they want, without commercials.

Excite News: Jay Leno wins right to Web name for his new show

Television host Jay Leno has won control of a Web address using the name of his new show.

Excite News: Companies pledge more openness about Web tracking

Companies that track consumer behavior online for advertising purposes are vowing to make their practices more transparent and to give people a way to decline being shadowed.

Adweek: Nielsen: Consumers Trust Online Opinions

When it comes to trust, personal recommendations and consumer opinions posted online are most valued by consumers worldwide.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Environmental Leader: FTC on Greenwashing: Is That All There Is?

The Federal Trade Commission in mid-June charged three companies, Kmart Corp., Tender Corp. and Dyna-E International, with making false and unsubstantiated claims that their paper products were “biodegradable.”

Environmental Leader: House Narrowly Passes Climate Bill - Reaction Roundup

The House narrowly passed landmark climate change legislation (H.R. 2454) with a 219-212 vote, delivering a major victory for President Barack Obama and House Speaker Nancy Pelosi (D-Calif.), reports Roll Call.

Excite News: High court won't block remote storage DVR systems

Hollywood studios and television networks lost their bid Monday for the Supreme Court to block the use of a new digital video recorder system that could make it cheaper and easier for viewers to record shows and watch them when they want, without commercials.

Excite News: Facebook tries to simplify privacy settings

Facebook is overhauling its privacy controls over the next several weeks in an attempt to simplify its users' ability to control who sees the information they share on the site.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News: NY court hears Salinger's suit over spinoff book

An author who's being sued by J.D. Salinger for copyright infringement is asking a Manhattan judge to let his book be published.

Bloomberg: House Considering $37 Billion Drug Tax, Rangel Says (Update3)

The House is considering imposing a $37 billion tax on drugmakers by denying deductions for prescription-drug advertising, Ways and Means Committee Chairman Charles Rangel said.

Wall Street Journal: Lawmakers Blast Internet Data Collection

House Privacy Bill Would Give Consumers More Control Over Their Online Information

Internet companies came under fire on Capitol Hill on Thursday, with lawmakers questioning how well the companies protect information that they collect online about consumers for advertising purposes.

Excite News: FTC plans to monitor blogs for claims, payments

Savvy consumers often go online for independent consumer reviews of products and services, scouring through comments from everyday Joes and Janes to help them find a gem or shun a lemon.

Excite News: Obama, citing his smoking woes, signs tobacco law

Lamenting his first teenage cigarette, President Barack Obama ruefully admitted on Monday that he's spent his adult life fighting the habit. Then he signed the nation's toughest anti-smoking law, aiming to keep thousands of other teens from getting hooked.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Wall Street Journal: Lawmakers Make Noise About Loud Commercials

Some members of Congress want broadcasters to turn down the volume on television commercials.

A bill sponsored by U.S. Rep. Anna Eshoo (D., Calif.) would require the U.S. Federal Communications Commission to "preclude commercials from being broadcast at louder volumes than the program material they accompany."

Brandweek: Being Green More Valuable Than Price

Although some recent consumer research indicates that you’ll still need a crowbar to pry open the majority of shopper’s wallets, the ORC Guideline reports that many Americans are willing to part with their precious dollars to support eco-friendly initiatives.

Environmental Leader: Greenwashing Lawsuits, Climate Change Deception on the Rise

Lawyers, environmentalists and marketing groups say they’ve seen an increase in greenwashing suits over the past year, according to the National Law Journal. These groups are questioning everything from household cleaners to automobiles for their eco-friendliness.

CNET News: 'Spam king' could face criminal charges in Facebook case

In a move that could land Sanford Wallace in jail if convicted, a federal judge on Friday referred a lawsuit Facebook filed against the "spam king" to the U.S. Attorney's office for possible criminal proceedings.

NY Times: Tobacco Regulation Is Expected to Face a Free-Speech Challenge Top of Form 1

The marketing and advertising restrictions in the tobacco law that Congress passed last week are likely to be challenged in court on free-speech grounds. But supporters of the legislation say they drafted the law carefully to comply with the First Amendment.

NY Times: Microsoft Sues Three in Click-Fraud Scheme

AFTER an investigation that took more than a year, Microsoft has filed its first lawsuit over click fraud, where people manipulate clicks on a Web advertisement.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Reuters: US warns of TV drug ads' distracting music, images

Television ads for drugs and medical devices should avoid distracting images and music that can reduce viewers' comprehension of potential side effects, U.S. regulators advised in guidelines proposed on Tuesday.

Broadcasting & Cable: Senate Launches Investigation Of Deceptive Online Marketing

Commerce Committee looking into "mystery charges" on Web surfers' credit cards

Senate Commerce Committee Chairman Jay Rockefeller (WVA) has launched an investigation into an online marketing practice he says results in "mystery charges" on Web surfers credit cards.

NY Times: Cigarettes in Popular Films Are Target of Health Groups

The advocacy arm of the American Medical Association unveiled a summer-long campaign on Wednesday intended to publicly shame movie studios for depicting images of smoking in their mass-appeal movies.

Excite News: Minn. regulators drop bid to block online gambling

Minnesota regulators have withdrawn a request that Internet service providers block access to hundreds of online gambling sites.

Brandweek: Senate Passes Bill for FDA to Regulate Tobacco

In a 79-17 vote yesterday, the U.S. Senate passed a bill giving the Food and Drug Administration regulatory authority over the tobacco industry.

The vote sends the measure back to the House, which passed a similar version in April. If the House accepts the Senate version, then the bill would go directly to President Barack Obama, who supports the action. (Note: another industry media outlet reported the bill was on its way to the President already.)

• Email This
• Print
• Comments
• Trackbacks
• Share Link

BuisinessWeek: Blogola: The FTC Takes On Paid Posts

The Federal Trade Commission wants bloggers to disclose when they've been wooed with cash or freebies from companies they cover

This summer, the government agency is expected to issue new advertising guidelines that will require bloggers to disclose when they're writing about a sponsor's product and voicing opinions that aren't their own. The new FTC guidelines say that blog authors should disclose when they're being compensated by an advertiser to discuss a product.

Environmental Leader: Bottled Water Firms Sue NY over “Bottle Bill”

Recycling advocacy groups met recently to push a bill to expand the five-cent bottle deposit in New York State to include non-carbonated beverages and sports drinks. Now a coalition of bottled water companies is suing New York to block the expanded bottle deposit law scheduled to take effect next month, arguing that the law, which imposes a deposit fee on bottled water sold in New York State, is unconstitutional, reports the New York Times.

Excite News: Cigarette makers lose appeal in landmark case

A federal appeals court on Friday agreed with the major elements of a 2006 landmark ruling that found the nation's top tobacco companies guilty of racketeering and fraud for deceiving the public about the dangers of smoking.

Excite News: SAG, AFTRA approve ads contract

Three-year deal ratified by landslide vote

SAG and AFTRA members have given overwhelming approval to a three-year commercials contract with a 93.8% endorsement -- a marked contrast with the current bitter battle within SAG over the feature-primetime contract.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Reuters: Google eases trademark restrictions on some U.S. ads

Google Inc is lifting restrictions on the use of trademarked terms in its U.S. online advertising system, a move that could increase friction between the Internet giant and brand owners.

ClickZ: "Strong Nudge" from FTC May Lead to "Draconian Measures"

When behavioral ad-related privacy worries arise, online ad industry execs often point to the fact that they only store and apply non-personally identifiable data in ad targeting. However, as far as government regulators are concerned, that may not matter. The Federal Trade Commission signaled as much earlier this year in its revised principles for behavioral ad targeting, and reiterated its stance yesterday.

Excite News: Court turns away appeal over Steinbeck copyrights

The Supreme Court has rejected an appeal by a son of author John Steinbeck over the publishing rights to "The Grapes of Wrath" and other early works.

NY Times: New Mood in Antitrust May Target Google

For decades, the nation’s biggest antitrust cases have centered on technology companies. And they have all been efforts by the government to deal with powerful companies with far-reaching influence, like AT&T, the telephone monopoly; I.B.M., the mainframe computer giant; and Microsoft, the powerhouse of personal computer software.

Reuters: Woody Allen wins $5 million in lawsuit over his image

American Apparel Inc settled film director Woody Allen's lawsuit over the company's use of his image in advertising for $5 million, Allen said on Monday as the case was about to come to trial.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Brandweek: YouTube Unleashes Product Placement Police

In recent months, YouTube has set off some jangled nerves among several of its more popular content producers. The company issued written notifications to several producers who have inked branded integration deals directly with advertisers, gently reminding them that according to its Terms of Service, users are not to post commercial videos on YouTube without permission.

Brandweek: Sustainability Matters, But Green Is Not Everything

Shoppers are thinking green, but not always buying that way, according to a new study released today by the Grocery Manufacturers Association (GMA) and Deloitte. The study found that while 54 percent of shoppers indicate that environmental sustainability in a factor in their purchasing decisions, they actually bought green products on just 22 percent of their shopping trips. The survey is the basis of the GMA-Deloitte report released today titled Finding the Green in Today’s Shoppers: Sustainability Trends and New Shopper Insights and was based on interviews with over 6,400 shoppers.

Mediaweek: Cali Lawmakers Halt Digital Billboard Ban Legislation

On April 30, California lawmakers shot down legislation that would have amounted to a de facto ban on digital billboards in the state. The bill, AB 109, had been sponsored by California assemblyman Mike Feuer (D-Los Angeles).

Reuters: U.S. objects to General Mills' Cheerios health claims

* Cheerios boxes carried unapproved drug claims - FDA

* Did not fit authorized claims for heart health - FDA

* Company says claims well supported

General Mills made unauthorized claims about the heart-related benefits of Cheerios on cereal boxes and a website, U.S. regulators said in a letter released on Tuesday.

Environmental Leader: Consumers Buying More ‘Green’ Since Start of Recession

Countering some other research, a new study shows that consumers in the United States, UK and Japan have placed more emphasis on buying so-called “green” items than they did before the recession began, among other attributes they consider during purchasing.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Hollywood Reporter: Commentary: The growing use of DVRs

Study: About 16% of commercials will be skipped by 2011

About 6% of TV commercials in the U.S. are fast-forwarded because of DVRs, reflecting about $5 billion in what some consider wasted spending. By the end of 2011, about 16% of commercials will be skipped.

Environmental Leader: 54% of Grocery Shoppers Consider Product Sustainability

Fifty-four percent of shoppers consider environmental sustainability characteristics in their buying decisions; however, only 22 percent actually buy green products on their shopping trips, according to a new study released by the Grocery Manufacturers Association (GMA) and Deloitte. The study also reveals that sustainability considerations are a tie-breaker when deciding between products.

Environmental Leader: Green Ads on the Rise

TerraChoice has found that the amount of advertising of green claims is on the rise.

Looking at 18,000 ads in recent issues of Time, Fortune, National Geographic, Sports Illustrated and Vanity Fair, TerraChoice found that more than 10 percent of all ads in 2008 made some sort of “green” claim. That’s up from about 3 percent in 2006.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

DIRECT: FTC Offers Insight Into Mobile Marketing Practices 

The Federal Trade Commission has issued a report on mobile marketing, which offers insight into how the organization views the burgeoning channel.

The report, “Beyond Voice: Mapping the Mobile Marketplace,” includes the following findings:
Cost disclosures about mobile services continue to generate consumer complaints. The FTC staff will continue to monitor cost disclosures, bring law enforcement actions as appropriate, and work with industry on improving its self-regulatory enforcement.

BBC News: Facebook users say yes to changes 

Facebook users have voted to back changes which give them control over data and content they post on the site. 

Early results suggest 75% of those who voted support the proposals. 

The vote was triggered by changes Facebook made to its terms and conditions in February.
The move drew fire because it appeared to hand the social network site ownership of images, videos and data that users posted on profile pages.

Excite News: FCC 'fleeting expletives' policy in - for now 
       
The Supreme Court on Tuesday said the government could threaten broadcasters with fines over the use of even a single curse word on live television, yet stopped short of ruling whether the policy violates the Constitution.

Reuters: FTC says Internet firms near "last chance"

Companies that track consumer behavior on the Web for targeted advertising without proper consent are near their "last chance" to self-regulate, the head of the U.S. Federal Trade Commission said on Monday.

Reuters: Online gambling bill coming: Frank 

U.S. Rep. Barney Frank, chairman of the House of Representatives Financial Services Committee, said on Tuesday he would introduce a bill next week to overturn a three-year-old U.S. ban on Internet gambling.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NY Times: Pepsi Suing Coca-Cola Over Powerade Ads

PepsiCo Inc. sued rival Coca-Cola Co. on Monday over ads for a new version of Coca-Cola's sports drink Powerade, saying the campaign makes false claims that could hurt its Gatorade brand.

Brandweek:  Recession Dampens Green Enthusiasm

Is the recession taking a bite out of environmentalists’ unwavering passion to buy green? GfK Roper’s latest green study suggests so.

In a survey of more than 2,000 U.S. adults (ages 18 and older), the market research firm found that consumer concern for the environment over the economy fell from 69 percent in 2007 to 55 percent in 2008. The decline represents a shift from “broad-based green thinking to more practical green action.”

Reuters: Burger King to scrap ad after complaint by Mexico

Fast food giant Burger King apologized on Tuesday for an advertisement featuring a squat Mexican draped in his country's flag next to a tall American cowboy and said it would change the campaign.

NY Times: US lawmakers target deep packet inspection in privacy bill

U.S. lawmakers plan to introduce privacy legislation that would limit how Internet service providers can track their users, despite reports that no U.S. ISPs are using such technologies except for legitimate security reasons.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

WSJ.com: Fed Features: Ads at Movies Warn Against Scams

The Federal Reserve is coming soon to a theater near you.

The subject won't be the drama inside the central bank or its role in the current financial crisis. Rather, Fed officials plan to launch advertisements in movie theaters to warn homeowners about foreclosure scams.

Reuters: UPDATE 2-US online gambling crackdown a breach of WTO - EU

* EU Commission: U.S. Internet gambling laws hamper trade 

* Commission seeks negotiated solution with U.S. 

A U.S. Justice Department crackdown on European online gambling companies violates U.S. commitments under the World Trade Organization, the European Commission said on Thursday in a draft report.

Reuters: Jennifer Lopez wins cybersquatting case at UN agency

American singer and actress Jennifer Lopez has won a cybersquatting case against a U.S. web operator who registered two Internet addresses that used her name for commercial profit, a U.N. agency said on Thursday.

NY Times:  Front of Los Angeles Times Has an NBC ‘Article’

In a move that raised questions about how far newspapers would go to please advertisers, The Los Angeles Times ran a front-page ad on Thursday that resembled a news column.

Excite News: EU to sue Britain over Internet privacy 

The European Union started legal action against Britain on Tuesday for not applying EU data privacy rules that would restrict an Internet advertising tracker called Phorm from watching how users surf the Web.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Yahoo! News: Feds sue Dish Network over do not call complaints

The nation's second-largest satellite TV provider — Dish Network — is being sued by the government for alleged violations of the national Do Not Call Registry.

NY Times: 8 Hours a Day Spent on Screens, Study Finds

IN a world with grocery store television screens, digitally delivered movie libraries and cellphone video clips, the average American is exposed to 61 minutes of TV ads and promotions a day.

Adage: Georgia-Pacific Sues P&G for False Advertising by Bounty

Claims that New Paper Towels are Thicker are False, Says Marketer

Brawny paper-towel marketer Georgia-Pacific Corp. is suing Procter & Gamble Co. for falsely advertising "25% thicker quilts" on its Bounty towels.

Reuters: EU threatens action to defend Web users' privacy

Some Internet companies are abusing consumers' personal data and this cannot be allowed to continue, a top European Union official will warn the industry on Tuesday.

Mediaweek: SAG, AFTRA Reach Commercials Contract

SAG and the American Federation of Television and Radio Artists said early Wednesday that they have reached a tentative new three-year commercials contract.

Reuters: House votes to grant FDA authority over tobacco

A measure giving the Food and Drug Administration power to regulate the manufacturing and marketing of cigarettes cleared the U.S. House of Representatives on Thursday.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Reuters: Cybersquatting cases hit record in 2008

Companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands and events, a United Nations agency said on Sunday.

The New York Times:  Many See Privacy on Web as Big Issue, Survey Says

As arguments swirl over online privacy, a new survey indicates the issue is a dominant concern for Americans.

More than 90 percent of respondents called online privacy a “really” or “somewhat” important issue, according to the survey of more than 1,000 Americans conducted by TRUSTe, an organization that monitors the privacy practices of Web sites of companies like I.B.M., Yahoo and WebMD for a fee.

FTC.gov:  FTC Order Bars Firm From Failing to Provide Timely Rebates

Company Sold Phones and Services at Stores Including Office Depot, Staples, and CVS

A company that sold telephones and telephone services through retailers nationwide has been barred from failing to provide the rebates it promised to consumers in a timely manner. The Federal Trade Commission charged the company with deceptive marketing by promising consumers they would receive their rebates within eight weeks of submitting properly completed forms. In reality, tens of thousands of consumers did not receive their rebates within the time promised, and some had to wait up to a year or more for their checks.

Adage:  Feds Push for FDA Oversight of Tobacco, but What's Left to Regulate?

With Anti-Smoking Marketing Goals Achieved, Critics Say Agency Has Other Priorities

Fourteen years ago, Clinton administration Food and Drug Administration Commissioner David Kessler proposed that his agency regulate tobacco and impose unprecedented marketing curbs. Since that time, much traditional tobacco marketing has become all but illegal, and Congress is readying to finally grant his wish.

Environmental Leader:  Study: Green Packaging Wins Out for Most Shoppers

Brand marketers are focusing more attention on environmentally friendly packaging, but environmental considerations for shoppers generally are secondary to overall package appearance and functional concerns, says Scott Young, president, Perception Research Services (PRS), in an article written for Packworld.com.

Adweek:  Discovery Sues Amazon Over Kindle

Claims the book reading device employs Discovery-patented technology

Discovery Communications is suing Amazon.com, claiming the online retailer’s popular electronic book reader the Kindle employs a Discovery-patented technology. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Excite News:  Obama nominates friend, adviser to head FCC 

President Barack Obama on Tuesday named Julius Genachowski, a friend from Harvard Law School, as his nominee to chair the Federal Communications Commission.

Adweek: Nielsen: Social Nets Overtake E-mail - As online paradigm shifts, advertisers must find a way to add value, rather than follow the 'push' model

Social networking has overtaken e-mail as the most popular Internet activity, according to a new study released by Nielsen.

Active reach in what Nielsen defines as "member communities" now exceeds e-mail participation by 67 percent to 65 percent. What's more, the reach of social networking and blogging venues is growing at twice the rate of other large drivers of Internet use such as portals, e-mail and search.

Brandweek:  FTC Takes On Freecreditreport.com

Maybe that tuneful trio that shifts from lousy job to lousy job really will have something bad to sing about now. The Federal Trade Commission, tomorrow, will take aim at the popular Freecreditreport.com ad campaign. The government organization is releasing two online videos (at www.ftc.gov/freereports and www.YouTube.com/FTCVideos) that explain that AnnualCreditReport.com is the only site where consumers can truly get their credit reports for free.

Brandweek:  Recyclable Packaging Ranks Highest With Consumers

Here’s the tricky thing about sustainable packaging: While it’s not a primary purchase motivator for most people, a blatant disregard for it may turn off consumers, who have increasing expectations for brands to incorporate green business practices.

BBC News:  Al Gore says domain .eco logical - The former US vice president, Al Gore, is backing the creation of a new green .eco domain name.

Dot Eco applied to create the domain which would then be used to host sites supporting environmental causes.

"This is a truly exciting opportunity for the environmental movement and for the internet as a whole," said Mr Gore.

Environmental Leader:  Consumer Survey: Growth of ‘Green’ Consumption On Hold 

At 36 percent, the number of Americans who say they “almost always” or “regularly” buy green products remains unchanged, according to recent Mintel consumer survey data. This lack of growth comes after tripling from 12% in 2007 to 36% in 2008.

Reuters:  U.S. privacy bill on Internet companies coming

A top U.S. lawmaker in the U.S. House of Representatives on Wednesday said he is working to develop a bill to impose mandatory guidelines on Internet companies to protect user privacy, because the current voluntary approach is falling short.

• Email This
• Print
• Share Link