Blog Posts Tagged with Health Claims

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Won't get fauxed again

If you haven’t seen the ads, you’ve probably been too busy listening to eight-tracks and playing Pong because billions — with a capital B — have been served up online. They look like news investigations about acai berry weight loss products conducted by independent journalists for reputable news outlets featuring the logos of national media and follow-up comments by satisfied consumers.

Cleaning up ad claims

Science, studies, and statistics. There’s a reason advertisers feature them so prominently. When used accurately, they can be powerful tools for distinguishing your product from the competitors. But scientific claims — especially health-related ones — need solid proof. That was the cause of the recent legal dust-up between the FTC and Oreck Corporation involving the Oreck Halo vacuum and the Oreck ProShield Plus portable room air cleaner.

Welcome to Consumer University

As your customers' buying habits make clear, today’s consumer marketplace knows no borders.  That’s why the FTC and officials from nine Latin American countries are meeting in Washington, D.C., this week to consider the challenges of global consumer protection.

Creepy little blood suckers

No, not those unpleasant former colleagues, but the resurgent bane of the business traveler:  bedbugs.

Bedbugs are coming out of the woodwork — followed closely by opportunists peddling iffy products aimed at on-the-go professionals.  Although bedbugs don't carry disease, their bites can cause itchy, annoying welts.  But before you shell out money for an unproven remedy, find out more about what will (and won't) protect you from these pests when you travel.

NCP Double-YOU

Break out the bubbly and raise a toast:  It's National Consumer Protection Week.  NCPW is an annual campaign sponsored by the FTC and nearly 30 other federal agencies, consumer groups, and advocacy organizations, in conjunction with state, county, and local government offices that are sponsoring events nationwide.  The goal?  To encourage consumers to take full advantage of their rights and make better-informed decisions.

Contact Paper?

To most people, Plano is a pleasant city north of Dallas.  But if you have clients in the optical industry — or hang out in goth circles on the weekend — "plano" refers to a contact lens worn for cosmetic effect, not vision correction.  Even if you just wear contacts yourself, you should know about the Fairness to Contact Lens Consumers Act, the FTC's

FTC challenges Dannon’s claims for Activia Yogurt and DanActive

If you or your clients make health claims in advertising, the FTC’s settlement with Dannon Corporation for allegedly false and deceptive representations about Activia Yogurt and DanActive is a must-read.  The FTC worked closely with 39 state Attorneys General, who announced a simultaneous $21 million settlement with the company.

"Liability? Shmiability. We're just processing payments."

Short-sighted thinking like that has landed a lot of businesses in hot water with law enforcers.  They forget that the reach of federal and state consumer protection statutes can be expansive.  Under appropriate circumstances, payment processors – as well businesses handling ad copy, telemarketing, fulfillment, and a host of other functions – may be liable for the role they play in another company’s deceptive or unfair practices.

U.S. Court of Appeals Upholds $48 Million Judgment

For people with an ailment, Direct Marketing Concepts and ITV Direct had the answer: Coral Calcium or Supreme Greens. But according to a recent decision by the U.S. Court of Appeals for the First Circuit, the companies, their corporate officers, and related entities lacked scientific proof for claims that their products could cure or prevent diseases like cancer, arthritis, lupus, Parkinson’s, and MS. The upshot?

Miracle on 36th Street

In the holiday classic "Miracle on 34th Street," optimists and skeptics debated the existence of Kris Kringle. Nobody would liken effective advertising self-regulation to Santa Claus, but the National Advertising Division of the Council of Better Business Bureaus (NAD) – located on 36th Street in New York – has made believers out of a lot of people. Kicking off its annual conference today, the NAD is a forum for monitoring and evaluating truth and accuracy in national advertising.

UN-surance

Many smaller companies want to extend health benefits to employees, but are concerned about keeping the price affordable.  For people who own their own business or are looking for work, cost-effective coverage can be tough to find.  If you’re in the market for health insurance, make sure that’s what you’re buying.  Some programs pitched to small businesses, the self-employed, and the uninsured sound like affordable health insurance, but actually are medical discount plans.  Although some plans may offer legitimate savings, others take people’s money and provide very little in return.

Full Disclosure

The FTC’s first law enforcement action related to the revised Endorsement Guides offers compliance insights for marketers.  In a proposed settlement with Reverb Communications, Inc., the FTC alleged that employees of a public relations agency hired by game developers posed as consumers and posted reviews on Apple’s iTunes store without disclosing that the reviews came from people working on behalf of the developers.

BCP Business Center: Your Link to the Law

Welcome to the BCP Business Center:  Your Link to the Law.  Explore and you’ll find practical compliance guidance on advertising, telemarketing, credit, data security, and other need-to-know topics for business owners and marketing professionals.  What else will you find?  The latest word on upcoming workshops, hot-off-the-presses staff reports, and new compliance videos.  We’ll do our best to keep things to the point with a minimum of ho-hum, a maximum of how-to, and as little yadda yadda yadda as a legal website can manage. 

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