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Sun, 19 Jul 2020 06:14:01 -0400

This Wednesday, July 22 Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic Register Here

COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they bill and otherwise interact with consumers before, during, and after a transaction.

This webinar will include practical tips to help companies minimize risk of enforcement and litigation and provide practical guidance. Topics include:

Endorsers and Influencers
Promotions and Pricing
Subscription Plans and “Free” Trials
Shipping and Delivery
Consumer Reviews and the Consumer Review Fairness Act
Customer Service Considerations – how timely refunds and responsiveness can help reduce legal risks

July 29 Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims Register Here

COVID-19 has brought a proliferation of products claiming to kill or otherwise inhibit viruses, bacteria and other germs. These products, before they can be legally sold, are heavily regulated by the U.S. Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and sometimes both. Major enforcement actions are pending against companies making illegal claims or selling unregistered products. Meanwhile, the FTC regulates advertising of many sanitizing products and the agency has pursued enforcement on companies that overstate their products’ germ-killing performance.

Please join us for a webinar covering the basics of germ killing and related product claims.

Discussion topics include:

The regulatory landscape: Who regulates what – EPA, FDA and FTC jurisdiction and requirements
What can you say and when can you say it
Potential liability and enforcement considerations
What to do if you receive a warning letter or other enforcement action

Anyone who is currently making or planning to make pesticide products, microbiology laboratory personnel with efficacy testing responsibilities, manufacturers of sanitizing products including lights, retailers of sanitizing products, anyone new to claims or in need of a refresher should join us for this webinar.

July 30 California Consumer Privacy Act (CCPA) for Procrastinators: What You Need To Do Now If You Haven’t Done Anything Yet Register Here

The coronavirus pandemic has put many things on hold, but CCPA enforcement is not one of them. The California Attorney General’s enforcement authority kicked in on July 1, 2020, and companies reportedly have begun to receive notices of alleged violation. In addition, several class actions have brought CCPA claims. Although final regulations to implement the CCPA have yet to be approved, compliance cannot wait.

If you’re not yet on the road to CCPA compliance (or would like a refresher), this webinar is for you.

We will cover:

Latest CCPA developments
Compliance strategies
Potential changes to the CCPA if the California Privacy Rights Act (CPRA) ballot initiative passes

Anyone who has not begun their CCPA compliance efforts or thinks they need a refresher should join us for this webinar.

Also join our counterparts for:

Tuesday, July 21 Not Normal: the Challenges of a Changed Workplace Register Here

Four months ago, the Dow was close to 30,000, employment rates were at historic highs, the coronavirus was still “novel,” and millions had not yet taken to the streets in global protests against police brutality and racial inequality. The workplace we now return to exists in this supercharged social and political climate, with new rules, laws, risks and social issues creating new and uncharted waters for employers to navigate. Join Kelley Drye’s Labor and Employment partners Barbara Hoey, Mark Konkel, and Kimberly Carter as they identify risks and share pragmatic solutions to these new challenges. Topics will include:

Politics, speech and activism in the workplace
The changing role of HR
What “diversity” means now
New employment laws

Find replays of our webinars and other key resources relevant to advertising and marketing, privacy, data security, and consumer product safety and labeling on the Advertising and Privacy Law Resource Center.

FTC Cries Foul On Breathometer Accuracy Claims

Kristi L. Wolff — Wed, 01 Feb 2017 18:51:12 -0500

The FTC recently announced a settlement with Breathometer, Inc., a company that marketed a smartphone accessory that it claimed could detect blood alcohol levels. Users could simply plug the accessory into the headphone jack, open the Breathometer app, blow, and receive a reading of their blood alcohol content within five seconds. Breathometer marketed the products as “FDA registered devices,” featuring “law enforcement”-grade technology, to help you “make informed, dependable decisions” about whether to drive after drinking.

The FTC alleged that Breathometer did not have adequate substantiation for its performance claims. Specifically, the products were tested to determine accuracy at .02% blood alcohol content, not .08%, which is the legal limit under state laws. In addition, testing revealed that the accuracy of the Breeze version of the product degraded over time and the company did not have a means of recalibrating it remotely. Breathometer stopped selling the Breeze product but allegedly did not adequately inform consumers of the issue.

This case is yet another illustration of the FTC taking the lead on mobile health products that are or could potentially be regulated by the FDA. As readers of our Food and Drug Law Access blog may know, FDA has taken a risk-based approach to regulation of such products and, with the exception of products that could cause patient harm or death upon malfunction, is exercising regulatory discretion. Yet, many companies, particularly those who are new to the health market, presume that FDA is the primary, if not the only, regulator likely to have an interest in their product and claims.