Ad Law Access

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

Love Is a Many-Splendored Thing, but It’s Not an Ingredient

The Food and Drug Administration has made the news lately for disapproving a Massachusetts bakery's inclusion of "love" among the listed ingredients in its granola products. Nashoba Brook Bakery produces breads and…

Three Reasons “Natural” Class Actions Are Here to Stay

In a review of new class action cases filed against in 2017, we counted at least 11 actions in the food industry alone alleging that a product was not “natural” or “all-natural” as claimed in its advertising or…

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…