Ad Law News and Views-November 25, 2015
November 25, 2015
In this issue
Recent News | Honors & Awards  Analysis Upcoming Events and Speeches 
The Team | Recent Awards | Follow the Practice
Recent News

FCC and FTC Announce Consumer Protection Memorandum of Understanding

FDA Requests Public Comment on How “Natural” Claims Should be Regulated; Opening 90-Day Comment Period

Weight-Loss Claims: How Many Studies Does the FTC Really Think It Takes?

FDA Issues Final Food Biotechnology Labeling Guidelines for Plant Foods; Discourages "GMO Free" Claims

Cookies, Promises, and California: Why the 3rd Circuit Revived Privacy Claims Against Google

FDA Proposes Gluten-Free Labeling Standards for Fermented and Hydrolyzed Foods

The DOJ Press Conference on Dietary Supplements: Heavy on Hype, Short on Facts

New FDA Guidance Doubles-Down on 1980 Fortification Policy and Potential Misbranding Risks of “Inappropriate Fortification”

The FTC Pressures Press Interactions, Defies Commercial Speech Doctrine

CFPB Obtains $13M FCRA Settlement with Employee Background Screening Providers

Highlights from the FTC’s Second “Start With Security” Initiative

 
 Honors & Awards
U.S. News & World Report and Best Lawyers Honor Kelley Drye with 2016 First-Tier Rankings

Kelley Drye & Warren LLP was recognized by  U.S. News & World Report and Best Lawyers in its 2015-2016 report of Best Law Firms. For the sixth consecutive year, Kelley Drye's Advertising Law practice group has been honored with a top national ranking.  Read more…

 

Analysis 

Electronic Frontier Foundation Publishes New DNT Standard 

Senior associate Chris Loeffler and associate Katie Townley co-authored the E-Commerce Law & Policy article “Electronic Frontier Foundation Publishes New DNT Standard.” On August 3 the Electronic Frontier Foundation (‘EFF’), privacy company Disconnect, and a coalition of internet companies announced the creation of a new policy standard providing a stronger ‘Do Not Track’ (‘DNT’) setting for web browsing. In this article, Mr. Loeffler and Ms. Townley provided the context surrounding the creation of the new policy standard and discussed the specific requirements and what the future holds for DNT.  Read more…

Lawsuit Highlights Importance of ADA Compliance 

Partner Gonzalo E. Mon authored the Retailing Today article “Lawsuit highlights importance of ADA compliance.” Earlier this month, Reebok was hit with a proposed class action alleging that the company’s website violates the Americans with Disabilities Act (ADA) because it is not accessible to the blind. The plaintiffs argue that Reebok.com contains “thousands of access barriers” that make it difficult for blind customers to use the site. Because of this, the plaintiff is asking the court to require Reebok to fix its site and pay damages. Mr. Mon explains that, although these types of cases have been on the rise in recent years, they still come as a surprise to people who are used to thinking of the ADA only in terms of things like wheel chair ramps and handicapped parking spaces. He goes on to describe issues surrounding “places of public accommodation” and what companies should consider in order to ensure that their websites comply with the ADA. Mr. Mon lists two key reasons why many website fail to comply. First, that some companies are simply not aware of the requirements. And second, that some companies who are aware have decided that the costs of modifying their websites outweigh the risks of getting caught.  Read more…

Upcoming Events and Speeches 
 
The American Position on OBA and Protecting Privacy — What Canadians Can Learn 
January 19, 2016 | TORONTO, CANADA
The Canadian Institute's 22nd Annual Advertising & Marketing Law Conference 
Dana B. Rosenfeld