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FTC gets court order requiring individual to pay $350,000 for making deceptive and unsubstantiated claims under R-value rule

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • February 1 2013

A federal court has ordered Edward Sumpolec, a home insulation marketer dba ThermalKool, ThermalCool, and Energy Conservation Specialists, to pay a

Commission issues decision in the matter of POM Wonderful LLC

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • January 17 2013

On January 16, 2013, the Federal Trade Commission ("Commission") issued an Opinion In the matter of POM Wonderful LLC upholding in part and rejecting

FDA continues study of direct-to-consumer television advertising with study of corrective advertising

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • February 29 2012

On February 29, 2012, the Food & Drug Administration (FDA) issued a notice soliciting comments on its intent to conduct research entitled “Experimental Study: Examination of Corrective Direct-to-Consumer (DTC) Television Advertising.”

FDA proposes "experimental study of comparative direct-to-consumer advertising"

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • December 9 2011

On December 9, 2011, the Food & Drug Administration (FDA) issued a notice announcing that a proposal to collect information for a “Experimental Study of Comparative Direct-to-Consumer Advertising” had been submitted to the Office of Management and Budget (OMB

Growing FDA and FTC collaboration changes regulatory landscape for marketers

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • May 18 2011

It is no secret that marketers are striving for ways to legally and effectively educate consumers about the health benefits provided by food and dietary supplement products

The FTC’s new take on health-related advertising: what companies facing FTC enforcement need to know

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • October 29 2010

For at least the past decade, the vast majority of Federal Trade Commission (FTC or Commission) orders on health-related advertising have provided similar injunctive relief on future advertising claims

8th Circuit Court of Appeals rules false advertising allegations regarding organic claims are not preempted by Organic Foods Production Act of 1990

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • September 22 2010

The U.S. 8th Circuit Court of Appeals recently ruled that certain false advertising claims based on state consumer protection and anti-deception statutes were not preempted by the Organic Foods Production Act of 1990 (OFPA) a federal Act that establishes national standards for the sale and labeling of organically produced agricultural products, and creates a certification program through which agricultural products may be certified to produce organic products

GAO submits Congressional testimony entitled "herbal dietary supplements: examples of deceptive or questionable marketing practices and potentially dangerous advice"

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • May 27 2010

On May 26, 2010, the GAO submitted testimony to the U.S. Senate Special Committee on Aging, entitled “Herbal Dietary Supplements: Examples of Deceptive or Questionable Marketing Practices and Potentially Dangerous Advice.”