Ad Law Access
Is It Time to Rethink Establishment Claims?
The decision in Kwan v. Sanmedica International , 854 F.3d 1088 (9 th Cir. 2017) in April, has occasioned a lot of discussion about the apparent demise of the establishment claim “standard” in California. What the…
Moonlight Slumber Says “Goodnight” to Misleading and Unsubstantiated “Organic” Advertising Claims After Settlement with FTC
In its first case challenging “organic” claims, the FTC announced a settlement with Moonlight Slumber, LLC resolving charges that the company misrepresented or could not support a variety of environmental and…
“Free Speech in the Fog of Scientific Uncertainty” by Professor Jane Bambauer
In the following article authored by University of Arizona Law Professor Jane Bambauer, the professor makes a compelling argument that FTC/FDA regulation of health claims should focus on situations where the government…
NY AG Enters Mobile Health App Enforcement Arena with Settlements Targeting Health Claims and Privacy Practices
New York Attorney General Eric Schneiderman recently announced settlements with three mobile health app developers resolving allegations that they made deceptive advertisements and had irresponsible privacy practices.…
NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims
The National Advertising Division of the Better Business Bureaus, a self-regulatory body that polices national advertising, recently gave an a-OK to certain dietary supplement immunity claims. The action was initiated…