Tag Archives: marketing

FTC Doubles Down on Cedar Oil Bed Bug Product Marketer

In 2013, the Federal Trade Commission (“FTC”) and Chemical Free Solutions LLC (“CFS”) reached a settlement barring CFS from making scientifically unsupported claims regarding the efficacy of its cedar oil-based bed bug eradication product Cedarcide Original. CFS made various false claims about its “BEST Yet!” bed bug and head lice products, including that it was … Continue Reading

The Quarter Ham: California Court of Appeal Affirms Judgment in Unfair Competition and False Advertising Case

You can still get your quarter ham “STARTING AT $23.99” from Honey Baked Ham, Inc. according to the California Court of Appeal in its unpublished decision on November 8, 2016.  The Court of Appeal affirmed a trial court’s judgment that Honey Baked Ham, Inc. did not engage in unfair competition or in false or deceptive … Continue Reading

And the dream lives on: DraftKings and FanDuel Settle Remaining False Advertising Claims with New York AG

In June, we covered Daily Fantasy Sports (“DFS”) operators’ major legislative victory in New York: a bill legalizing and regulating their business, ending the potential for an outright prohibition on DFS in the state. That bill’s passage was akin to clinching the pennant. With the New York Attorney General (“NYAG”) announcing yesterday that it settled … Continue Reading

PepsiCo Hit with False Advertising Suit for Marketing of Naked Juices

This week, the Center for Science in the Public Interest (CSPI), a nonprofit nutrition and food-safety watchdog group, filed a class action against PepsiCo, alleging that Pepsi misled consumers by marketing its popular Naked Juices as healthier than they really are. The complaint alleges product packaging and advertising for Naked Juices suggest or imply that … Continue Reading

Dun & Bradstreet Settles TCPA Class Action Lawsuit for $10 Million

Late last week, Dun & Bradstreet Creditability Corp. and its related entities settled a class action lawsuit. In the lawsuit, the plaintiffs alleged that Dun & Bradstreet violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic dialing system to call cellular phones without prior express consent of the plaintiffs. As part of the … Continue Reading

Second Pokémon Go Alliance Announced: SoftBank

The international phenomenon surrounding the mobile game Pokémon Go has captured the attention of marketers. As we have discussed before, until Niantic, the developer of Pokémon Go, makes sponsorship more readily available, marketers in the U.S. and across the globe have found interesting and innovative ways to latch onto the Pokémon Go craze. The promise … Continue Reading

New SIFMA Guidance May Ease Accredited Investor Verification Worries, Assist Reg D Offerings Using General Solicitation

One of the goals of the federal JOBS Act, enacted in 2012, was to expand the ability of companies (both operating companies and funds) to make non-registered securities offerings using general solicitation and advertising. Offers made through general solicitation and advertising have been prohibited under the SEC's private offering safe harbor ever since Regulation D was adopted in 1982, and many have complained that the restriction was pointless where all purchasers were accredited investors as defined in Regulation D. However, the SEC believed a change required legislation. The JOBS Act made that change. However, the Act, and the new rule adopted in 2013, imposed a new requirement - the issuer of the securities must take reasonable steps to "verify" that all the purchasers in a general solicitation offering are accredited investors. Failure to take reasonable verification steps would violate the rule even if it turned out that all purchasers actually were accredited.… Continue Reading

Twitter At Your Peril – Duty to Disclose Paid for Blogging

It comes as no surprise that the Office of Fair Trading, (OFT) has confirmed that on line marketing and PR practices that do not disclose the fact they include paid for promotions are deceptive and a breach of the Consumer Protection regulations, (CPRs). ReACTS has been advising marketers to beware for some time about such practices, and … Continue Reading

An Internet Bill of Rights?

Governments across the world are increasingly under pressure from privacy advocates and some consumers to better regulate the use of personal data on line. Under Ed Vaizey’s proposed plan announced last week, Google and Facebook and other social media networks and search engines would be required to sign up to a new code under which consumers would … Continue Reading

Google’s New Trade Mark Policy – Buyers Beware

Google’s new trademark policy comes into play from the 14th September 2010 in UK, Ireland and Canada, and effectively most of Europe. The change has been received with differing views. One view is that it will ultimately result in a better surfing experience for users; the other is that it is nothing other than a ruse … Continue Reading

Stop Being So Negative! FTC Announces Principles for Negative Options Online

In January 2009, the FTC published the results of a workshop it held two years earlier on negative options, particularly those that sprout near and around many Internet sales. How many times have you discovered a charge on your credit card that looks suspicious, and you call the reference telephone number and learn that you actually … Continue Reading

France Says ‘Non’ To Marketing of Kiddie TV

France’s broadcast authority has forbidden French channels from promoting television shows aimed at children under 3 years old. In addition, cable operators that air foreign channels with programming for babies are required to broadcast warnings stating: “Watching television can slow the development of children under 3, even when it involves channels aimed specifically at them.” … Continue Reading
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