Shape Up Substantiation or Tone Down Claims

On Wednesday morning this week, the Federal Trade Commission announced a $40 million settlement with Skechers regarding claims that the company’s “toning shoes” would help people lose weight and strengthen and tone their buttocks, legs and abdominal muscles.  Read More ›

FTC Approves COPPA "Safe Harbor" Program

Earlier this week, the FTC approved the Integrity Children’s Privacy Compliance Program, designed by Aristotle International, Inc., as a “safe harbor” program for purposes of implementing the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  Website operators that participate in a safe harbor program are generally subject to the review and disciplinary procedures of that program, rather than formal investigation or enforcement action by the FTC.  The Integrity Program marks the fifth safe harbor program approved by FTC under the COPPA rules and is the most recent development in an active period of agency review and implementation of COPPA. Read More ›

“App Law”: Development Continues

Earlier this week, the Federal Trade Commission sent letters to developers of six “background screening” applications, warning marketers and developers of the apps that providing information about criminal records may violate the Fair Credit Reporting Act. Read More ›

"Cereal Crimes" or Naturally Delicious?

Last Friday, General Mills Inc. joined the growing list of companies facing consumer class actions over “All-Natural” claims on food products.  The complaint alleges that General Mills’ Original Kix Crispy Corn Puffs and Honey Kix Crispy Corn Puffs are advertised as containing “all natural corn” or “all natural corn & honey” but actually contain corn “derived from unnatural genetically modified plants.” Read More ›

*Like* - Child Privacy Class Action Lawsuit Against Facebook Dismissed by California State Court

Facebook users are well versed with the "like" button.

A friend posts a funny photo. *Like* 

A friend sets an interesting status. *Like* 

Two people are now friends. *Like* 

A user has enjoyed using a website or product. *Like* Read More ›

Punk’d – Toyota’s Stalker Ad Campaign Lawsuit Continues in California Courts

In 2008, Toyota Motors Sales, U.S.A., Inc. (“ Toyota”) was searching for a strategy to market the Toyota Matrix to men under 35 years old.  Enter Saatchi & Saatchi (“Saatchi”), a worldwide advertising firm with an idea: younger men love to “punk” (i.e., to play pranks on) each other.  This idea led to an elaborate marketing plan where individuals could sign up someone to be “punk’d” . . . Read More ›

Supreme Court Hands Manufacturers Two Victories

The Supreme Court recently decided two cases in which foreign manufacturers resisted attempts to bring personal injury lawsuits against them in the U.S.    Read More ›

FTC Slams Smartphone App for Privacy Violations

Protecting consumer privacy in the online world of “tracker cookies” and location-collecting  smartphones has become a hot ticket issue for federal regulators.    Read More ›

Morgan Stanley & Linda Tripp - More In Common Than One Would Think

How many of us remember that navy blue dress?  The one Linda Tripp famously urged Monica Lewinsky to keep as an “insurance policy down the road.” Read More ›

Sanity Reigns in Tire Kingdom, But Will the Florida Supreme Court or the Eleventh Circuit Follow?

When is it appropriate to certify a class of consumers who allege false or misleading advertising under Florida law, and why should you care? Read More ›