Ad Law Access
Government-Mandated Health Warnings in Sweetened Beverage Advertising Found Likely to Chill Protected Free Speech
On September 20, the Ninth Circuit blocked the City and County of San Francisco from implementing an ordinance that would have required health warnings on advertisements for beverages that contain one or more added…
Gatorade Lands in Hot Water by Encouraging Others to Avoid Water
This week, the California Attorney General announced a settlement involving allegations that Gatorade made misleading claims about the relative performance benefits of Gatorade and water in a mobile game that was…
Getting Closer: Progress on Nominations for CPSC Chairman and Commissioner
Yesterday, President Trump announced his intent to nominate Dana Baiocco as CPSC Commissioner. If confirmed, Ms. Baiocco would replace Commissioner Marietta Robinson when her term expires on October 27, and would serve…
NAD Addresses “Best Selling” Claims
Benefit Cosmetics advertised that its They’re Real Mascara was the “#1 best-selling Prestige Mascara in the U.S.” and the “#1 best-selling Prestige Mascara in the U.S. for 3 years.” A disclosure linked to the first…
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…