Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Does the NAD’s Capillus Decision Baldly Contradict the FDA?

On September 12, the NAD released its decision in its review of the Capillus82 hair growth device (Case #6107). This case is unusual in that it addressed a challenge to a prescription-only medical device, and related…

“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…

TINA Has Eyes on Goop

The consumer advocacy non-profit Truth in Advertising, Inc. ( TINA.org ) has set its sights on Goop , the lifestyle brand launched by Gwyneth Paltrow. In a complaint filed earlier this week with the Santa…

Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017

For the first 28 weeks of 2017, the most frequently alleged claims in new food and beverage false-advertising class actions have related to featured product ingredients that allegedly are absent, or present only in…

Minnesota Federal Judge Says Glyphosate Claims are “Unreasonable”

A mini-trend in food litigation last year was the spate of class action cases alleging that foods advertised as “natural” contained trace amounts of the herbicide glyphosate. “Trace” is the operative word; to the…