Ad Law Access

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

Audio Conference Event: Tips for Reducing Class Action Litigation Risk following Regulatory Enforcement

Kelley Drye

The number of consumer class actions filed following regulatory enforcement by the FTC, FDA, or NAD have skyrocketed in recent years. Consumer products companies – particularly food, dietary supplement, and cosmetic…

Drink Maker Settles Over Misleading Ads

Last week, the New York Attorney General announced a settlement with Abbott Laboratories over an advertising campaign for its Pediasure SideKicks drinks. The AG determined that the campaign conveyed the misleading…

Handy Health Tracking Mobile App...Or Regulated Medical Device?

Kelley Drye

The use of mobile apps for health purposes has created new questions for users, developers, and regulators regarding the balance between convenience, expanded health care, and public safety. The line between apps that…

Alabama Supreme Court Holds Brand-Name Drug Manufacturer Liable for Ad Representations Made by Generic Drug Manufacturer

The Alabama Supreme Court recently held in Wyeth, Inc. v. Weeks, – So.3d –, No. 1101397, 2013 WL 135753 (Ala. Jan. 11, 2013) that a drug company may be held liable for fraud or misrepresentation (by affirmative…

Commission Issues Decision In the matter of POM Wonderful LLC

On January 16, 2013, the Federal Trade Commission (“Commission”) issued an Opinion In the matter of POM Wonderful LLC upholding in part and overruling in part Chief Administrative Law Judge D. Michael Chappell’s May…