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
Cosmetic or Drug? California Federal Court Refuses to Say.
Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often than not class actions, challenging the marketing or labeling of cosmetics. A recent decision by the Southern
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.
Ad Law Access Podcast: Guidance for Retailers
As retailers have shifted to online and ship to store/ship from store sales, we’ve been getting a variety of questions from our retailing clients.
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing chair Christie Grymes Thompson and partner Kristi Wolff answer retailer questions regarding pricing, shipping, refunds, customer reviews, and
Finding Fevers: FDA Relaxes Rules On Temperature-Detecting Cameras
As business people, airport management, and event hosts everywhere try to figure out how they can return to business as usual, many are considering telethermographic device systems. These are cameras that can detect human temperature in comparison to their surroundings to help identify fevers. Reuters reported last week that Amazon implemented thermal cameras at its
Price Gouging Enforcement Escalates At Federal and State Levels
As a follow-up to our recent posts on price gouging (see here, here, and here), we noted recent signs that federal and state authorities have escalated their enforcement efforts.
- On Monday, the President signed an executive order to prevent hoarding and price gouging of crucial medical supplies. It authorizes criminal prosecution of
KDW COVID-19 Resource Center Provides Critical Business Guidance
As the novel coronavirus (COVID-19) has reached pandemic levels, companies of all sizes and in all industries face myriad impacts to business operations and the health and well-being of employees.
To help clients navigate these new challenges, including the unpredictability of any outbreak-related business disruption, Kelley Drye has compiled a free resource center to help
Coronavirus Advertising-Related Enforcement is Ongoing
This post updates an earlier post relating to marketing around the coronavirus.
We noted a couple news items this week that help add context to the pervasiveness of and risks related to price gouging enforcement. In this story, the New York Times reported on a merchant who was selling hand sanitizer and related protective