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U.S. District Court Sanctions Weight-Loss Supplement Marketers for Violating Past Court Order
A judge in the Northern District of Georgia has found a number of defendants, comprising a larger company named Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), in contempt for repeated violations of court orders prohibiting the defendants from making deceptive marketing claims about weight-loss supplements and erectile dysfunction products. As a result of the order, Hi-Tech is required
FTC Issues New but Narrow COPPA Guidance on Voice Recordings
Last week, the Federal Trade Commission (“FTC”) released a policy enforcement statement to provide additional guidance under the Children’s Online Privacy Protection Act (“COPPA”) for organizations that use audio voice recordings of children. This additional guidance builds on the FTC’s 2013 updates to COPPA that brought additional data types, such as photographs, videos and audio
NIST Updates Its Security and Privacy Guidance
Earlier this month, the National Institute of Standards and Technology (“NIST”) issued its fifth and latest draft of its “Security and Privacy Controls for Information Systems and Organizations” guidance document. The NIST guidance document expands on previous drafts that focused on privacy and security improvements for the federal government and now provides security and privacy
Coachella Sues “Filmchella” for Trademark Infringement
Coachella Music Festival LLC, the organization behind the popular desert-based Coachella Valley Music and Arts Festival, filed a trademark infringement lawsuit earlier this month against the organizers of “Filmchella” arguing that the name is confusingly similar to “Coachella”. According to the complaint, Filmchella, like Coachella, is an event held in Southern California, and features a
FTC Warns 11 Companies Over Made in USA Claims
It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With the year’s halfway mark behind us, reports indicate that the FTC has similarly warned 11 companies for
Vermont Legislature Passes Fantasy Sports Bill
In a move to become the latest state to regulate daily fantasy sports (“DFS”), the Vermont Legislature has passed a bill defining fantasy sports games and directing the state attorney general and governor’s office to develop a registration fee and tax system for fantasy sports operators and players in the state. Additionally, the bill bars
FTC Settles Claims Against Trampoline Companies Over Online Reviews
The Federal Trade Commission (“FTC”) last week agreed to settle charges levied against the marketers of Infinity and Olympus Pro brand trampolines. Those charges asserted that the marketers, under the guise of a variety of fake business names and review organizations, directed visitors to fictitious websites containing biased reviews that were actually written by one
CarSure Sued For DPPA Violations
CarSure, LLC, a Texas-based aftermarket automotive warranty seller, faces a lawsuit brought by a group of Wisconsin car owners who claim that the company violated the Driver’s Privacy Protection Act (“DPPA”) by purchasing the motor vehicle records of Wisconsin car owners from third-party data suppliers.
According to the suit, CarSure purchased data from a third-party
Vitamin Shoppe Sued Over Supplement Claims
Last week a class action lawsuit was filed against Vitamin Shoppe, Inc. The plaintiffs asserted that Vitamin Shoppe misled consumers and made scientifically inaccurate claims with regard to its garcinia cambogia weight loss supplement in violation of California’s unfair competition law, false advertising law, and the Consumer Legal Remedies Act.
The lawsuit relies on the