Ad Law Access

Ad Law Access

Updates on consumer protection trends, issues, & developments

Monthly Archives: September 2010

California Limits Cadmium in Children’s Jewelry

Posted in Consumer Product Safety
As children’s product manufacturers and retailers have wondered whether the Consumer Product Safety Commission would take action specific to cadmium, California’s Gov. Schwarzenegger has signed legislation that restricts cadmium levels in children’s jewelry, following similar legislation in Connecticut, Illinois, and Minnesota.  The new California law prohibits manufacturing, shipping, or selling jewelry or jewelry components that… Continue Reading

FTC Advises Congress to Bring Telecommunications Carriers Within the Scope of Proposed Federal Data Security and Data Breach Legislation

Posted in Privacy and Information Security
Yesterday, the FTC testified before a Senate Subcommittee and recommended that proposed data security legislation introduced by Senators Pryor (D., AR) and Rockefeller (D., WV) be modified so that its requirements and the FTC’s enforcement authority there under be extended to telecommunications common carriers. See my recent article discussing FCC and FTC jurisdiction over broadband… Continue Reading

8th Circuit Court of Appeals Rules False Advertising Allegations Regarding Organic Claims Are Not Preempted by Organic Foods Production Act of 1990

Posted in Advertising, Food and Drug
This post was written by Sarah Roller and Raqiyyah R. Pippins. The U.S. 8th Circuit Court of Appeals recently ruled that certain false advertising claims based on state consumer protection and anti-deception statutes were not preempted by the Organic Foods Production Act of 1990 (OFPA)— a federal Act that establishes national standards for the sale and labeling of… Continue Reading

Elizabeth Warren Appointed to Special Advisory Role for New CFPB

Posted in Advertising
This post was written by Christie L. Grymes and Kristin A. Hird. On Friday, September 17, 2010, President Obama named Harvard Law Professor Elizabeth Warren as Assistant to the President & Special Adviser to the Secretary of the Treasury on the Consumer Financial Protection Bureau (CFPB). Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection… Continue Reading

New Article on Evolving Privacy Regulation Affecting Broadband Service Providers

Posted in Privacy and Information Security
Increasingly, what’s happening online is driving the evolution of privacy regulation. And increasingly, Americans are getting online via broadband connections. The FCC, which is charged with spurring broadband deployment, adoption and innovation, recently concluded that privacy concerns are creating an impediment to these goals. A new article published in The Metropolitan Corporate Counsel provides an… Continue Reading

Using “Green” Marketing Claims? Make Them Clear

Posted in Advertising, Green Marketing
With "green" products becoming more and more prevalent, marketers must ensure that their green marketing claims do not overstate the environmental benefits of their product or service, or they could face regulatory investigations or challenges from competitors. The Federal Trade Commission ("FTC") has established national standards for green marketing claims in the Guides for the… Continue Reading

States Announce $3.5 Million Agreement with Publishers Clearing House over Sweepstakes Marketing

Posted in Promotions Marketing
This afternoon, 32 states and the District of Columbia announced a stipulated supplemental judgment with Publishers Clearing House ("PCH") over how the company markets its sweepstakes. The judgment modifies the terms of earlier settlements over allegations that PCH advertised sweepstakes in a way that misled consumers into believing that purchases would increase their chances of… Continue Reading

FTC Charges Company with Misrepresenting the Light Output and Life Expectancy of its Bulbs

Posted in Advertising
Yesterday, we posted that a window manufacturer had entered into a settlement with the Washington Attorney General’s office over allegedly unsubstantiated energy efficiency claims. Today, the FTC announced that it has sued a light bulb manufacturer and its principals to stop them from exaggerating the efficiency, light output, and life expectancy of its Light Emitting… Continue Reading

Visa Issues Top 10 Best Practices for Payment Application Companies

Posted in Privacy and Information Security
Evolving threats to payment card data security and recent payment card data compromises have prompted Visa to issue a set of best practices for payment application companies to help mitigate security issues that lead to data compromises. Visa has recommended that acquirers, merchants, and agents should review Visa’s best practices and insist that their payment… Continue Reading