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Business Blog

POM v. FTC: A dozen quotable quotes from the D.C. Circuit opinion

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POM Wonderful’s advertising claims were false and deceptive. That’s the conclusion of the United States Court of Appeals in upholding the FTC’s ruling. We think it’s a momentous victory for our two...
Business Blog

Spilling the beans: The anatomy of a diet craze

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Some people call it the “Oz Effect†– the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey...
Business Blog

When silence isn't golden

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Silence may be golden, but not for the parents of kids with speech disorders. Illinois-based NourishLife marketed two dietary supplements, Speak and Speak Smooth, advertised as the answer for kids...
Competition Matters

FTC Milestones: Weighing in on weight loss cases

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“No need to be fat. No need to diet or go through unpleasant exercise.†“Your thin friends can tell you the right way to fight fat.†“Men avoided me. I was too fat.†Sounds like a lot of the bogus...
Business Blog

First FTC ROSCA case challenges bogus BOGO and "free" claims

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It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material...
Business Blog

Shape up your shapewear claims

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We can’t vouch for the accuracy of Shakira’s representation that “Hips Don’t Lie.†But the FTC says anti-cellulite and slimming claims for caffeine-embedded underwear sold by lingerie company Wacoal...
Business Blog

(En)force to be reckoned with

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Companies that sign settlements with the FTC need to know that those documents contain consumer protection provisions enforceable in court. That’s the message of a motion for contempt just filed...
Business Blog

Where did I put those keys?

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If it hasn’t happened yet, it’s only a matter of time. You walk into a room – say, to get your sunglasses – and then can’t remember why you’re there. So it’s no wonder that claims for BrainStrong...
Business Blog

Lice, Lice, Baby

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Dare us to describe the legal ramifications of a recent advertising settlement involving health claims in the style of a cringeworthy rap from 1990? Cue up the bass line ‘cause here we go. Yo, FTC...
Business Blog

FTC to mattress companies: Don't pad your green claims

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If you or your clients make environmental marketing claims, don’t sleep on three actions the FTC just announced against companies that sell mattresses. What's more, the pleadings in one case offer...
Business Blog

Sporting goods companies: Guard against deception

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Some sports fans spend Saturdays on the field. For the rest of us, raising a Big Foam Finger is exertion enough. But we’ve all read stories about the dangers that head injuries pose to participants in...
Business Blog

Good night. Sleep tight. Be sure to get your ad claims right.

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No one is going to amend the nursery rhyme, but if you market products aimed at fighting bed bugs or head lice and are itching to keep your promotions in line with the law, two FTC lawsuits merit your...
Business Blog

The Ab Circle Pro case: A gut check for marketers

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The FTC’s multimillion dollar settlement involving the Ab Circle Pro exercise device is great news for consumers. But what does it say to businesses? Inc.-orporate compliance. Yes, there are good...
Business Blog

Phenomenal abdominals? Not so fast, Ab Circle Pro.

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If you haven’t heard of the Ab Circle Pro, you need to spend more time in your recliner. Between the infomercial blitz, the online presence, and a retail campaign that promoted the product with a...
Business Blog

Court finds litany of violations in alcoholism "cure" case

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People who signed up with the Jacksonville-based Alcoholism Cure Corporation were promised a “scientifically proven†program that “cures alcoholism while allowing alcoholics to drink socially.†What...