Tag: Health Claims

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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...
Visiting the BCP Business Center for the latest dos ‘n’ don’ts about making those peepers of yours positively pop? We didn’t think so. But there’s a makeover lesson nonetheless in three FTC law enforcement settlements with online retailers who sold “circle contacts” without a...
If you’re one of the millions of Americans who’s self-employed, healthcare costs remain a concern.  So a phone call pitching what sounds like comprehensive health insurance coverage might attract your interest.  Except that according to the FTC and the Tennessee Attorney General, what...
In celebration of Halloween — and with apologies to Edgar Allen Poe — here’s our take on what companies can do to make sure spooky business practices don’t come back to haunt them. Once upon a midnight lawful Pondering practices, good and awful, Reading through the U.S. Code For dos...
Next time you’re at the grocery store and flip around a package to check out the ingredients or calorie count, take the opportunity to remember the contribution of Virginia Knauer, who served Presidents Nixon, Ford, and Reagan in high-level consumer affairs positions. Ms. Knauer held...
It’s not likely your favorite sommelier stocks it, but Four Loko — a supersized, high-alcohol, fruit-flavored, carbonated malt beverage — is a well-known drink in certain circles.
The FTC’s settlement with Reebok requires the company to get their ad claims in shape and works out a $25 million refund program for people who bought EasyTone and RunTone shoes and apparel. Of course, the terms of the lawsuit apply only to Reebok, but experienced advertisers...
Shape up your substantiation or tone down your ads. That’s the message marketers should take from the FTC’s $25 million settlement with Reebok for false and unsubstantiated claims for the company’s EasyTone and RunTone toning shoes.
Here’s how AcneApp and Acne Pwner were supposed to work.  Buyers downloaded the apps from their favorite app store.  After selecting a light — blue to fight bacteria or red to heal, some ads said — they rested their smartphone against their skin.
According to the ads, if you “carry on with your normal lifestyle” while wearing the Bio-Slim Patch, “repulsive, excess ugly fatty tissue will disappear at a spectacular rate.” (And by you, we don’t mean you, of course.)  Promotions for Chinese Diet Tea promised similar miracles: “...
Savvy executives like to stay in the loop on FTC activities that could affect their industry.   They make it a habit to scan the headlines or check for relevant workshops or reports.  But there’s a third category of information a bit less understood: closing letters from BCP staff.In...
A skin cream that can reduce body size.  Are historians sure that wasn’t what Ponce de Leon was seeking?  It’s certainly what buyers are looking for, if ads are any indication.  But claims like that have to be backed up by solid science, as is clear from the FTC’s $900,000 settlement...
The preliminary voluntary principles proposed in April by the Interagency Working Group on Food Marketed to Children have got people talking about kids, advertising, and nutrition. Congress — in a bipartisan effort led by former Senator Sam Brownback and Senator Tom Harkin — directed...
By now, you’ve had a chance to read the proposed voluntary principles published on April 28, 2011, by the Interagency Working Group on Food Marketed to Children.  Made up of representatives from the FTC, FDA, USDA, and CDC, the group issued a draft calling on the food industry...
When browsing for a riveting read at the local bookstore, you might pick up a John Grisham or dive into a Stieg Larsson.  Unlike those best sellers, one author’s name that might not jump off the jacket is “Interagency Working Group.”  But in the case of the Interagency Working Group...

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