Ad Law Access
Ad Law Access Podcast: Comparative Advertising 101
Companies often want to claim that their products or services are better than the products or services offered by a competitor. However, comparative claims tend to be highly scrutinized by competitors and subject to…
The “Un-Sprung Bear Trap”: The Resurrection of the FTC’s Penalty Offense Authority As One Possible Solution to the 13(b) Problem
Late last week (Oct. 29), FTC Commissioner Rohit Chopra (D) and his Attorney Advisor Samuel Levine released a paper entitled “ The Case for Resurrecting the FTC Act’s Penalty Offense Authority .” In it, Commissioner…
FTC Commissioners Appeal to Hill on Section 13(b)
Last week, all five FTC Commissioners – Chairman Joseph Simons (R), and Commissioners Christine Wilson (R), Noah Phillips (R), Rebecca Slaughter (D), and Rohit Chopra (D) – sent a letter to the Chairs and Ranking…
CCPA Litigation Update: How the CCPA (and other Privacy Risks) Raise the Risk of Potential Shareholder Claims
California became the first U.S. state with a comprehensive consumer privacy law when the California Consumer Privacy Act (“CCPA”) became operative on January 1, 2020. The CCPA provides for broad privacy rights for…
NAD Considers Context in Puffery Argument
Stokely-Van Camp (or “SVC”), the makers of Gatorade, recently challenged claims made by BodyArmor about its SuperDrink and Lyte sports drinks, including banners with the following text: The only sports drink. No…