Ad Law Access
FDA’s Proposed GRAS Rule: Mandatory Notifications, Expanded Scope, and Open Questions
Following through with long-stated intentions, FDA yesterday published a proposed rule that could fundamentally reshape how food substances reach the U.S. market under the Generally Recognized as Safe (GRAS) framework.…
When Puffery Gets Sticky
Howies Hockey advertises that it makes the “World’s Highest Quality” athletic tape and hockey tape. Mueller Sports Medicine challenged the claim before NAD, arguing that it conveyed “a misleading and unqualified…
50 State Attorneys General Urge FCC to Adopt Robust Know-Your-Customer Rules to Curb Illegal Robocalls
In late July, fifty State Attorneys General signed on to comments submitted to the Federal Communications Commission (FCC) in support of enhanced Know-Your-Customer (KYC) requirements for originating voice service…
Safeway’s Tempest Over Wine Discounts Survives Motion to Dismiss
In Shakespeare’s The Tempest, Prospero creates illusions that induce other characters to act in ways they otherwise would not have. Wine also serves as a catalyst in the play, clouding the judgment of some characters,…
Court Distinguishes Between Mandatory and Optional Fees in CA Honest Pricing Law Suit
As we’ve noted in various posts—including this one and this one —California’s Honest Pricing Law generally prohibits advertisers from displaying a price that doesn’t include all “mandatory fees” other than taxes or…