On March 10, 2022, the California Office of Attorney General Rob Bonta (OAG) issued an opinion (the Opinion) interpreting the California Consumer Privacy Act (CCPA) and concluding that consumers have a right to know “internally generated inferences” drawn from the consumer when they are derived from personal information and are used to create a profile
Sweet Victory: Ninth Circuit Affirms Dismissal of Trader Joe’s Honey False Ad Suit
The Ninth Circuit affirmed the dismissal of a class-action lawsuit that alleged Trader Joe’s Manuka Honey product labeling was misleading. Trader Joe’s marketed its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey.” Plaintiffs claimed that these labels were misleading because the honey only consisted of between 57.3% and 62.6% honey derived from Manuka flower nectar. Plaintiffs alleged that the label and ingredient list created a “false impression” that the Trader Joe’s honey contained a higher percentage of honey derived from Manuka.
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Register today! Join us for a CLE webinar “Evolving Roles for Self-Regulation of Medical Devices and Health Services”
This CLE webinar offers a unique, inside look at how BBB National Programs’ National Advertising Division (NAD) evaluates medical devices and other health-related products and services. Our panelists will engage in a lively discussion of recent enforcement trends and challenges for manufacturers, and how companies can effectively use the NAD framework to their advantage. In addition, this event will discuss NAD guidance on self-regulation and how to use it as a tool to ensure competitors also meet the standards set by the Federal Trade Commission (FTC).
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FTC Drops A $31 Million Hammer On Live Event Ticket Brokers In First Ever BOTS Act Enforcement Case
The illusive secondary market for tickets to live events from concerts and theater performances to sporting events may be experiencing a new step towards reform. The Federal Trade Commission took legal action against three New York-based ticket brokers and an officer of each entity for violating the Better Online Ticket Sales (“BOTS”) Act. In 2016,…
FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
The Federal Trade Commission (FTC) has settled with mobile advertiser Tapjoy, Inc. (“Tapjoy”) over allegations that it misled consumers by failing to provide in-game rewards that users earned by completing its advertising offers. According to the FTC’s complaint, Tapjoy offered users in-game virtual currency for completing advertising offers like purchasing products or services, signing…
A Not-So-American Style: Williams-Sonoma to pay $1M to FTC Over Deceptive “Made in USA” Claims
The FTC recently approved a final consent order against home product and kitchen ware company, Williams-Sonoma, Inc. Under the order (available here), Williams-Sonoma is required to pay $1 million to the FTC in connection with charges that it made false, misleading, or unsubstantiated “Made in USA” claims.
The FTC first announced its compliant in…
Reese Witherspoon and her fashion line Draper James face a privacy class action and breach of contract over ‘free dress’ giveaway
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers that has gone horribly wrong.
To read more about the implications of advertising and promotion rules and the impact of the California…
The Fyre Festival Storm Continues: Kendall Jenner Settles Over Social Post
For those following the fallout from the Fyre Festival, the drama continues. Last week, model and influencer Kendall Jenner settled a bankruptcy lawsuit for $90,000 relating to her promotion of the Festival.
To refresh your memory, Fyre Festival was planned for spring 2017, advertised as a music and culinary paradise held on a private island…
John Feldman and Jason Gordon discuss COVID-19 Charity Marketing and Compliance Challenges for brands in Law360 Article
John Feldman and Jason Gordon published an article in Law360 this week titled, “Compliance Challenges In Cos.’ COVID-19 Charity Marketing.” A copy of the article is available here. You may also view a PDF copy of the article here.
FTC Settles With Tea Maker for Inadequate Disclosures and Unsubstantiated Claims
The FTC recently settled with Teami, LLC (“Teami”), an indication that the Agency is still actively reviewing health claims and monitoring social media influencers for proper disclosures. Teami allegedly brought in over $15 million through its deceptive marketing tactics, but given the company’s financial condition, the FTC agreed to partially suspend its $15.2 million judgment…