August 16, 2018

RECENT NEWS

NAD Sheds Light on Comparisons Against “Regular” Products

Slack Fill Plaintiffs May Win Battles But Lose the War

Some Sanity on “Slack Fill”

All That Glitters Is Not Gold: FTC Updates Jewelry Guides

FDA Issues Draft Guidance Encouraging Innovative Approaches to Expand Access to OTC Drugs

Prop 65 Court Win for Cereal Manufacturers Sets the Table for Further Challenges to Warning Requirements

California Quietly Outlaws CBD in Foods

Second Circuit Bounces Multistate “Natural” Class. Now, Keep An Eye On the Ninth Circuit

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GDPR SIDEBAR
Providing concise Q&A noshes on GDPR compliance.

No Post-Brexit Arrangement on Data Protection Will Affect UK-EU Trade
The European Union (EU) is preparing to treat the United Kingdom (UK) as a third country after its withdrawal from the bloc, commonly known as Brexit. Unless a deal is agreed before 29 March 2019, the UK’s trade with the EU will be heavily impacted by regulatory restrictions, increased costs, and lengthier procedures applicable to the movements of people, goods and services. Less obvious is the impact on trade of the “no deal” scenario from potentially restricted data flows. With only eight months left until Brexit Day, the UK and EU have yet to start talks on a data protection agreement.

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ANALYSIS

How Your Call Records Can Help Your TCPA Defense
Partners Alysa Hutnik and Lauri Mazzuchetti co-authored the Law360 article, “How Your Call Records Can Help Your TCPA Defense.” Despite companies’ endeavors to comply with the Telephone Consumer Protection Act, a company will still likely face at least one TCPA lawsuit if placing direct outreach efforts by phone, messaging platform, or fax. The article discusses data analysis steps that a company can take to better understand its contact practices and how to use that information to strengthen its TCPA class action defense.

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UPCOMING EVENTS AND SPEECHES

2018 NAD Annual Conference
September 24-25, 2018 | NEW YORK, NY
National Advertising Division
John Villafranco

Mind the Gap - Globalization of Product Safety Standards and How Litigation Sometimes Leads or Supplements the Regulatory Framework
October 9, 2018 | ROME, ITALY
International Bar Association Annual Conference
Sarah Roller

Counseling on Competitor Collaboration
October 20, 2018 | CAMBRIDGE, MD
ABA Section of Antitrust Law Masters Course IX
William MacLeod

Basics of Advertising: A Brand-New Take on Substantiation, Disclosures & Social Media
November 7, 2018 | CHICAGO, IL
2018 ANA/BAA Marketing Law Conference
Gonzalo Mon