Tag: advertising
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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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Consumer Watchdog Groups Urge PBS to Stop Chick-fil-A Promotions
The Campaign for a Commercial-Free Childhood (CCFC), Public Citizen and Corporate Accountability International are reportedly urging the PBS network to “end a four-year marketing agreement between the popular children’s show ‘Martha Speaks’ and the fast food chain Chick-fil-A.” The marketing agreement includes 15-second ads for the restaurant before and after the show and in-store giveaways…
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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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European Commission Adopts List of Permitted Health Claims
The European Commission has approved a list of 222 health claims—“for example on the role of calcium and bone health or vitamin C and the immune system”—that are permitted for use on food labeling and advertising. According to a May 16, 2012, press release, food manufacturers must adapt their practices to the new requirements by…
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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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CAMY Criticizes States for Failure to Address Youth Exposure to Alcohol Marketing
The Johns Hopkins Bloomberg School of Public Health’s Center on Alcohol Marketing and Youth (CAMY) has issued a May 1, 2012, report claiming that the majority of states have failed to adequately address youth exposure to alcohol advertising. According to a concurrent press release, CAMY researchers apparently reviewed state advertising laws to determine whether each…
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Class Action Filed Against Seafood Producer Challenging “Omega-3” Claims
California resident Tricia Ogden has filed a putative class action in federal court against Bumble Bee Foods, LLC, alleging that it misbrands its seafood products by claiming they “are an excellent and affordable source of protein, nutrients and Omega 3 fatty acids” and “Rich in Natural Omega-3.” Ogden v. Bumble Bee Foods, LLC, No. 12-01828 (N.D.…
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Court Guts Most Claims in Muscle Milk® Consumer Fraud Litigation
A federal court in California has granted in part and denied in part the defendant’s motion to dismiss claims that its product labels, ads and Website representations for Muscle Milk® ready-to-drink beverages and snack bars violate state unfair competition and false advertising laws and the California Consumers Legal Remedies Act, and constitute fraud, negligent misrepresentation…