Tag: advertising
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FTC False Claims Hearing Against POM Wonderful Underway
An administrative law judge has apparently begun hearing a Federal Trade Commission (FTC) complaint alleging that POM Wonderful LLC makes false and unsubstantiated claims that its pomegranate juice products will prevent or treat “heart disease, prostate cancer, and erectile dysfunction.” According to a news source, the government opened its case by asserting that the studies…
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Is Ethical Line Crossed When Children “Like” Products?
An Advertising Age article discusses recent litigation filed by parents against Facebook® alleging that the social network has used names and/or likenesses of their children in product endorsements without obtaining parental consent. While no child younger than age 13 is supposed to be able to set up a Facebook® account, Consumer Reports estimates that some…
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AGs File Comments on Information Collection from Alcohol Advertisers
Attorneys general (AGs) from 23 states and Guam have submitted comments to the Federal Trade Commission (FTC) in response to its proposed collection of information from alcohol advertisers. The information relates to “compliance with voluntary advertising placement provisions, sales and marketing expenditures, the status of third-party review of complaints regarding compliance with voluntary advertising codes,…
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FTC Proposes Voluntary Principles for Marketing Food to Children
The Federal Trade Commission (FTC) has released its proposed voluntary principles for marketing food to children in an effort to encourage “stronger and more meaningful self-regulation by the food industry.” Designed by an FTC-led interagency working group with input from the Food and Drug Administration, Centers for Disease Control and Prevention and U.S. Department of…
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New York Times Discusses Online Food Marketing, Sugar’s Side Effects
An April 21, 2011, New York Times article targets the online marketing techniques allegedly used by food companies “to build deep ties with young consumers,” claiming that “multimedia games, online quizzes and cellphone apps” have become “part of children’s daily digital journeys, often flying under the radar of parents and policy makers.” The Times highlights the…
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McDonald’s Seeks Dismissal of Happy Meal Lawsuit
McDonald’s Corp. has filed a motion to dismiss a putative class action seeking to stop the company from advertising and selling to children its allegedly “unhealthy Happy Meals” with toys. Parham v. McDonald’s Corp., No. 11-00511 (N.D. Cal., motion filed April 18, 2011). Details about the lawsuit appear in Issue 375 of this Update. The…
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Federal Court Trims False Advertising and Labeling Claims Against Guacamole Maker
A federal court in California has determined that some putative class claims can proceed against a company that allegedly makes false and misleading statements about its guacamole and spicy bean dip products. Henderson v. Gruma Corp., No. 10-04173 (C.D. Cal., decided April 11, 2011). The plaintiffs’ first amended complaint alleged five causes of action for…
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Food Marketing to Youth Discussed in Brussels
According to public health lawyer and activist Michele Simon, who recently attended a meeting in Brussels “to address the problem of cross-border marketing of unhealthy food to children,” the same types of issues confronting public health advocates in the United States confront their counterparts in Europe. Regulatory standards are apparently under development, but Simon did…