Category: Federal Trade Commission
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Advocacy Coalition Seeks FTC Review of Digital Youth Marketing
A coalition of advocacy organizations has filed five complaints with the Federal Trade Commission (FTC) against companies including McDonald’s Corp., General Mills, Inc. and Doctor’s Associates, Inc., calling for an investigation into Websites they purportedly use to promote food and TV programs to children. According to the coalition, the food-related websites— HappyMeal.com, ReesesPuffs.com, TrixWorld.com, and…
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FTC Ordered to Address Marketers’ Failure to Admit Liability in Açai-Berry Consent Decree
A federal court in New Jersey has, for a second time, requested supplemental briefing before approving a stipulated final order for permanent injunction and other equitable relief in the Federal Trade Commission’s (FTC’s) action against a company that allegedly marketed açai-berry weight-loss products with “fake” news reports and deceptive claims. FTC v. Circa Direct LLC,…
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Court Refuses FTC Request to Modify Definition of “Reliable Scientific Evidence”
A federal court in Florida has denied the Federal Trade Commission’s (FTC’s) request that it modify a stipulated final order resolving a 2006 dispute with Garden of Life, Inc. over purportedly unsubstantiated representations that its products could treat a range of serious diseases and their symptoms. FTC v. Garden of Life, Inc., No. 06-80226 (S.D.…
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ALJ Says Some Implied Health Claims in POM Wonderful Ads Not Substantiated
An administrative law judge (ALJ) has upheld some of the Federal Trade Commission’s (FTC’s) allegations that POM Wonderful violated federal law by making deceptive claims in some advertisements that the company’s pomegranate juice and related products treat, prevent, or reduce the risk of heart disease, prostate cancer and erectile dysfunction. In re: POM Wonderful LLC,…
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Health Advocates Seek FTC Investigation of Gatorade® Ad
The Public Health Advocacy Institute (PHAI) and several other organizations have asked the Federal Trade Commission (FTC) to “investigate PepsiCo’s current ‘Win from Within’ commercial television advertisement and commercial website for its Gatorade sports drink product featuring Michael Jordan’s performance during game 5 of the 1997 NBA Finals.” According to the letter, joined by groups…
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Humane Society Alleges Deceptive Marketing of Pork in FTC Complaint
The Humane Society of the United States (HSUS) has reportedly filed a legal complaint with the Federal Trade Commission (FTC) alleging that the National Pork Producers Council (NPPC) “is engaging in deceptive advertising related to animal well-being in violation of the Federal Trade Commission Act,” according to an April 18, 2012, press release. In particular,…
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FTC Issues Guidance on Consumer Data Protection
The Federal Trade Commission (FTC) has released a report recommending best business practices “to protect the privacy of American consumers and give them greater control over the collection and use of their personal data.” Titled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” the guidance reportedly expands on preliminary…
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State AGs Provide Comments on FTC/Phusion Projects Settlement
The attorneys general of a number of states have submitted a comment to the Federal Trade Commission (FTC) taking issue with several aspects of a proposed settlement agreement with the company that makes the caffeinated alcoholic beverage Four Loko®. Additional information about the proposed settlement appears in Issue 412 of this Update. Attached to the…