Tag: Health Claims

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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 attention.  Even if bugs aren’t your bag, the cases are a reminder of the need to...
Coleadium, Inc.  The corporate name sounds like tropical foliage or a precious metal on the Periodic Table of Elements.  But the moniker more familiar in the world of affiliate marketing networks — Ads4Dough — puts the FTC’s law enforcement action into perspective.
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?
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 prominent “As Seen on TV” logo, ads were everywhere.  The marketers claimed that using...
Whether you’re a full-pads athlete or a quarterback of the Monday morning variety, you’ve read reports about sports-related concussions.  But before marketing a product advertised to reduce the risk of those injuries, businesses should take a careful look at the FTC’s settlement with...
Last year, U.S. pet owners spent over $50 billion on their pets.  That’s a lot of puppy chow, chew toys, and rhinestone collars.  But it also reflects significant expenditures for pet health products and services, including veterinary office visits and medicines.  In fact, in 2011...
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 they got was a shopping list, instructions to take handfuls of unproven supplements,...
Ask any golfer.  How you address the ball matters, but don’t underestimate the importance of the follow-through.  In law enforcement, too, follow-through can be key.  A recent development in the FTC’s action involving Neil Wardle illustrates that point.
Unless you’re playing Scrabble and use QI or ZA on a triple letter square, two-letter words usually don’t count for much.  A consumer perception study released by the FTC suggests that two common two-letter words often used in ads may not have the effect of qualifying product claims...
In Short: Advertising and Privacy Disclosures in a Digital World — an FTC workshop to discuss guidance on disclosures in the online and mobile world — is set for May 30, 2012.  This is the latest development in the ongoing conversation about revising the FTC’s 2000 guidance...
An FTC Administrative Law Judge ruled that POM Wonderful LLC and related parties made misleading claims that POM Wonderful 100% Pomegranate Juice and other products would treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction.  Although the...
According to the FTC, Skechers made false and deceptive claims about the benefits of Shape-ups and other Skechers brands.  If you’re in the fitness or health business, the $40 million settlement should grab your attention.  But the underlying principles apply to all advertisers.  If...
It’s usually Skechers promising to help people shape up. But this time, the shoe’s on the other foot.  In a $40 million settlement announced by the FTC — part of a broader agreement that also resolves charges by state AGs — the agency is telling Skechers to shape up its claims for...
The FTC just released the preliminary agenda for the May 30, 2012, workshop to consider the need for new guidance for online advertisers about making disclosures. If that’s a topic of interest to your business (and it’s tough to imagine a company not involved in those discussions),...
Through a series of recent law enforcement actions, the FTC has articulated what should be apparent:  that truth-in-advertising principles apply to affiliate marketers and to the companies that use them to promote their products.  A settlement announced today by the FTC makes a...
When the FTC conducts an investigation to see if a company has violated the law, it’s important that the process is efficient and not unduly burdensome on those involved.  The FTC’s Rules of Practice lay out the procedures the Commission follows.
Six online marketers have settled FTC charges stemming from their use of fake news websites to market acai berry supplements and other weight loss products. If you’re an affiliate marketer or you’re thinking about building an affiliate program into your business plan, the cases merit...
When consumers comparison shop, cost is crucial.  That’s why it’s so important for companies to make sure what they say about their prices is accurate.  If businesses need a timely reminder, the FTC’s proposed $5 million settlement with CVS Caremark drives that point home.
The FTC v. Lane Labs story started with shark cartilage and the latest chapter involves a contempt ruling from a federal judge. If the FTC’s advertising substantiation doctrine is relevant to your company or your clients — and it should be — you’ll want to keep tabs on the case...
As anyone who’s watched TV in the past decade knows, Kevin Trudeau is — to use the term coined by the United States Court of Appeals for the Seventh Circuit — an “infomercialist.” The Seventh Circuit’s recent opinion in FTC v. Trudeau offers interesting insights into order enforcement...

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