Court Affirms FTC’s Restriction on Health and Disease-Related Claims by POM Wonderful

February 5, 2015 The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a Federal Trade Commission (“FTC”) decision that POM Wonderful, LLC  (“POM”) deceptively advertised its products’ ability to prevent, treat, or reduce the risk of certain diseases.  The FTC had initially ruled that POM’s advertisements for POM Wonderful 100% Pomegranate […]

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FTC Brings Deceptive Marketing Actions Against Providers of Car Title Loans

February 3, 2015 The Federal Trade Commission (“FTC”) has initiated what are its first ever actions against car title lenders.  The FTC has alleged that First American Title Lending of Georgia, LLC and Finance Select, Inc. were engaged in deceptive marketing practices in connection with advertisements that touted “zero interest” car title loans. By way of

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Rules of the Game: Marketing Through Sweepstakes

Rules of the Game: Marketing Through Sweepstakes David O. Klein, Corporate Counsel January 30, 2015 Sweepstakes and promotional contests are excellent ways for businesses to market their respective products and services, particularly when used in combination with Internet and mobile media. Numerous state and federal laws apply to such games—and businesses must understand these laws,

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USCB to Pay $2.7 Million to Settle TCPA Class Action Lawsuit

January 30, 2015 On January 26, 2015, a judge for the Central District of California entered an order preliminarily approving a $2.7 million settlement to resolve a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against USCB, Inc. (“USCB”).  The Order comes after the Court initially rejected the parties’ first settlement agreement.  Following further briefing

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Lil Wayne Files $51 Million Music Contract Lawsuit Against Label

January 30, 2015 This Wednesday, hip hop artist Dwayne Michael Carter, Jr. (better known as Lil Wayne) filed a federal lawsuit in New York City against his label, Cash Money Entertainment, to the tune of over $51 million.  Carter’s music contract suit includes eight causes of action, including breach of contract, conversion, breach of fiduciary

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Dietary Supplement Company Settles FTC False Advertising Suit for $9 Million

January 28, 2015 Earlier this week, the Federal Trade Commission (“FTC” or “Commission”) reached a $9 million settlement agreement with Pure Health LLC, Genesis Today, Inc. and Lindsey Duncan, CEO of Genesis Today, concerning the marketing of their dietary supplement products. The parties sell a variety of dietary supplements and food products directly to online

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