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Lewis Rose Kelley Drye & Warren LLP

Results 1 to 5 of 9



FCC opens the door to vicarious liability for third-party telemarketing under certain conditions *

USA - May 15 2013
In response to two petitions for Declaratory Ruling, on May 9, 2013, the Federal Communications Commission ("FCC") ruled that sellers may be held…

Co-authors: Lauri A. Mazzuchetti, Steve Augustino, John J. Heitmann, Alysa Zeltzer Hutnik, Joseph A. Boyle.


FTC issues final revisions to the Green Guides: new guidance for substantiating environmental marketing claims *

USA - October 3 2012
On Monday, the Federal Trade Commission issued its long-awaited final revisions to the “Guides for the Use of Environmental Marketing Claims”.

Co-authors: William C. MacLeod, Gonzalo E. Mon, Katherine Rogers.


Federal Court awards summary judgment to Nestlé in false advertising class action involving probiotic supplement *

USA - July 17 2012
On July 16, 2012, the United States District Court for the District of New Jersey granted summary judgment in favor of Nestlé Healthcare Nutrition, Inc. in Scheuerman, et al. v. Nestlé Healthcare Nutrition, Inc., No. 2:10-cv-03684, a putative nationwide class action challenging Nestlé's advertising and marketing campaign for its BOOST® Kid Essentials Drink product.

Co-authors: Daniel S. Blynn, Geoffrey W. Castello .


FTC exercises stronger standards for healthrelated advertising with Reebok as latest example *

USA - October 12 2011
Reebok International, Inc. ("Reebok") has agreed to settle Federal Trade Commission ("FTC") charges that the company engaged in deceptive advertising, in violation of Sections 5(a) and 12 of the FTC Act, by making unsubstantiated claims about its toning shoes

Co-authors: Christie L. Grymes, Bridget M. Richardson .


Not all surveys are created equal *

USA - September 12 2011
Between January 2006 and June 2011, the National Advertising Division (NAD) of the Better Business Bureaus found that 71 percent of the consumer perception surveys introduced by parties to an NAD proceeding were unreliable and, therefore, had little or no impact on the final outcome of case.


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