The FTC sent out new penalty offense notices to 670 companies today, warning them that failure to substantiate product claims could result in civil penalties of more than $50,000. The companies also received copies of the FTC’s previously-issued penalty offense notices regarding endorsements and testimonials. This represents the FTC’s fourth round of penalty offense notices
Keep Calm and Go Online: Regulatory Considerations Around the Spike in Demand for Mental Health Apps
A recent Marketplace Tech podcast episode on the spike in demand for mental health apps caught our attention. As shocking headlines and stay-at-home orders rolled across the country, demand for mental health apps increased almost 30% since the pandemic began, according to CNBC. And there is a wide variety of options to choose from,
Ad Law Access Podcast – Health Claims 101: Key Considerations For Making Compliant Health Claims
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing partner Kristi Wolff discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of context. This episode is a prequel to her earlier Health Claims in the Context of COVID-19 episode which focused
FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims
Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19. In warning letters issued to CBD Gaze, Alternavita, Musthavemom.com, and Careful Cents LLC, the agencies identify the respective recipients as participants in
Ad Law Access Podcast: Health Claims in the Context of COVID-19
The FTC recently sent warning letters to companies for falsely claiming that their products can treat or prevent COVID-19. On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses the importance of keeping the current pandemic context in mind when making health claims more generally.
Sugar Content Representations Not Misleading When Ingredient Panel Provides Accurate Disclosures, Eastern District of New York Court Finds
Lawsuits challenging the advertising and labeling of sugar content – and corresponding representations that a food product may be healthy or wholesome – have become ubiquitous in the class action world. Yet, a growing number of courts are rejecting such claims when the product’s nutritional label accurately reflects the correct sugar amount in a manner
Read This Before You Market Around Coronavirus
Until recently, most consumers likely associated anything starting with “Corona” with a sunny beach and a lime wedge.
Not anymore.
The public is rightly concerned about coronavirus and how to avoid catching it. And where the public has questions, marketers will have answers. Here are a couple things to think about before rushing that next
BodyArmor targeted in putative class action alleging the drink’s advertising misleads consumers as to its health benefits, continuing a trend
The plaintiffs’ class action bar continues to target “healthy” advertising claims made by food and beverage companies by bringing expensive class action lawsuits against the companies.
The latest company forced to defend its advertising is BA Sports Nutrition, LLC, the maker of BodyArmor SuperDrink, which was recently hit with a putative class action in the
BodyArmor targeted in class action
BodyArmor Targeted in Class Action
The plaintiffs’ class action bar continues to target “healthy” advertising claims made by food and beverage companies by bringing expensive class action lawsuits against the companies.
Silver v. BA Sports Nutrition
The latest company forced to defend its advertising is BA Sports Nutrition, LLC, the maker of BodyArmor SuperDrink, which
Eggs-aggeration: Goop Settles With California District Attorneys Over Misleading Health Claims
The California Food, Drug, and Medical Device Task Force announced a settlement this week with Goop, the lifestyle brand founded by Gwyneth Paltrow, which we’ve written about here and here. The complaint alleges that Goop made false and misleading representations regarding the effects or attributes of three products—the Jade Egg, Rose Quartz Egg, and