Tag: advertising
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Dissident Raisin Growers Prevail in Challenge to California Marketing Board
According to a news source, a California judge recently determined that the California Department of Food and Agriculture did not comply with statutory requirements when it created the state’s Raisin Marketing Board 15 years ago, agreeing with a challenge filed by dissident raisin growers and packers who have long complained about paying for marketing with…
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UK Advertising Watchdog Upholds Complaints Against Social-Media Alcohol Ads, Organic Milk Claims
The U.K. Advertising Standards Authority (ASA) recently upheld three out of four complaints brought by the Youth Alcohol Advertising Council (YAAC) against Fireball Whiskey distributor Hi Spirits Ltd. over social media advertisements that allegedly promoted excessive drinking. In particular, the complaints focused on Fireball Whiskey’s Facebook page, which, in addition to advertisements depicting young women…
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Brazilian Regulator Fines McDonald’s over Happy Meal® Promotion
The consumer regulatory agency of Sao Paulo, Brazil, has reportedly fined McDonald’s US $1.6 million for allegedly marketing to children. Procon SP has claimed that franchisee Arcos Dorados Holdings Inc. violated the state’s consumer code by using children’s characters and toys to promote Happy Meals®. “This is not an isolated case,” a Procon SP lawyer…
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Vermont AG Signals Interest in Food Marketing to Kids
Vermont Attorney General (AG) Bill Sorrell will reportedly join other state AGs for a conference on “the current state of food industry marketing to kids,” scheduled for May 2013 at Yale University’s Rudd Center for Food Policy and Obesity. After introducing a Dartmouth College pediatrics professor to the Vermont House Committee on Health Care to…
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Rudd Center Report Focuses on Children’s Food and Beverage Marketing
Yale University’s Rudd Center for Food Policy & Obesity has issued a March 2013 report highlighting “where children and adolescents viewed the food and beverage advertisements they saw on television in 2011.” Using Nielsen data, the Rudd Center apparently sought to quantify “the average number of food and beverage TV ads viewed by age group…
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Federal Court Dismisses Parts of Consumer Fraud Action Against Frito-Lay & PepsiCo
A federal court in California has dismissed in part the first amended complaint in a putative class action against Frito-Lay and PepsiCo, alleging that the companies falsely advertised and labeled their products as “All Natural,” “0 Grams Trans Fat,” “No MSG,” “low sodium,” “healthy,” and with other unspecified health claims. Wilson v. Frito-Lay N. Am.,…
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Legal Scholars Address Constitutional Parameters of Commercial Speech
In an article titled “Snake Oil Salesmen or Purveyors of Knowledge: Off-Label Promotions and the Commercial Speech Doctrine,” Yale Law School Senior Research Scholar Constance Bagley and her co-authors critique the Second Circuit’s December 2012 determination in United States v. Caronia that Food and Drug Administration rules prohibiting prescription drug makers from promoting their products…
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Senators Accuse Companies of Marketing Energy Drinks to Children
U.S. Sens. Richard Blumenthal (D-Conn.) and Richard Durbin (D-Ill.) recently sent letters to the CEOs of Monster Beverage Corp., Rockstar, Inc., and Red Bull North America, accusing the companies of marketing energy drinks to children. Citing “growing concern about the potential health risks posed by energy drinks,” the legislators claim that despite pledges to abstain…