Ad Law News and Views-August 10, 2017

RECENT NEWS

Comparison Pricing Victory for Ross Stores in California

Laura Brett Named New Director of NAD

Read This Before Scanning A Driver’s License In New Jersey

What Will Your Social Media Influencer Letter from the FTC Look Like?

WTO and FAO Issue Publication on Trade and Food Standards

Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017

Consumer Groups Push for More Regulation of Influencers

Minnesota Federal Judge Says Glyphosate Claims are ​“Unreasonable”

Cattle Groups Sue USDA to Compel Country of Origin Labeling (COOL); Launching Newest Standoff in Longstanding COOL Dispute

ANALYSIS

Commercial-Speech Regulations Must Be No More Extensive Than Necessary

Co-authored the Washington Legal Foundation Legal Opinion Letter ​“Commercial-Speech Regulations Must Be No More Extensive Than Necessary.” The letter is part of a six-paper series on First Amendment commercial-speech rights and discusses two key cases: Ocheesee Creamery LLC v. Putnam and Chiropractors United for Research & Education, LLC v. Conway.

CFPB Issues Final Rule Prohibiting Mandatory Pre-Dispute Arbitration Agreements for Covered Consumer Financial Products and Services

The Federal Register published today the Consumer Financial Protection Bureau’s (CFPB) final rule that was announced last week and would prohibit providers of covered consumer financial products and services from using pre-dispute arbitration agreements to compel consumers to participate in arbitration to resolve disputes concerning the product or service. The final rule substantially mirrors the rule proposed by the Bureau in May 2016, which we discussed here. The final rule is based on the CFPB’s findings that pre-dispute arbitration agreements are being widely used to prevent consumers from seeking relief from legal violations on a class basis, and that consumers rarely file individual lawsuits or arbitration cases to obtain such relief.

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