• where experts go to learn about FDA
  • Advertising and Promotion (Federal Trade Commission)

    • FTC Loses Again; Court of Appeals Affirms Lower Court’s Determination that Garden of Life’s Expert Opinion Constitutes Competent and Reliable EvidenceApril 18th, 2013

      By Riëtte van Laack – As previously discussed, in 2011, the FTC filed an action against Garden of Life and its owner (collectively “GOL”) asking the District Court to order GOL to show cause why it should not be held in civil contempt. The case stems …

    • FTC Annual Report Highlights Commission Focus on Health-Related AdvertisingApril 15th, 2013

      As it does every spring, the Federal Trade Commission (“FTC”) has released its annual report.  The new report, which covers 2012, makes clear that the FTC remains as focused as ever on health-related advertising – especially where advertising allegedly promotes products for weight loss or …

    • Disclosures in a Small Space: The FTC’s Revisions to .Com DisclosuresMarch 27th, 2013

      Somewhat later than anticipated, the Federal Trade Commission (“FTC”) has published a revised version of its guide, .Com Disclosures.  The FTC released the original guide 13 years ago, when mobile phones had not yet met the internet and social media barely existed.  In the new version …

    • POM Wonderful Appeals FTC Decision and Order but Does not Request a StayMarch 18th, 2013

      By Riëtte van Laack – As we previously reported in January 2013, the Federal Trade Commission (“FTC”) determined that POM Wonderful, LLC’s advertising for its products violated the FTC Act and issued a cease and desist order restraining POM’s future advertising. On March 8, 2013, POM filed …

    • FTC Hammers POM Wonderful: Now On to the World SeriesJanuary 17th, 2013

      By John R. Fleder & Riëtte van Laack – On January 16th, the Federal Trade Commission (“FTC”) issued the long-anticipated Decision and Final Order in the FTC’s administrative case filed in 2010 against POM Wonderful LLC, Roll Global LLC, Stewart A. Resnick, Lynda Rae Resnick, and …

    • FTC Settlement with Medifast: Weight Loss and Maintenance Claims Must be Supported by One (Not Two) Well-controlled StudySeptember 13th, 2012

      By Riëtte van Laack – Earlier this week, the Federal Trade Commission (“FTC”) announced the settlement of a $3.7 million civil penalty case against Jason Pharmaceuticals (“Jason”), a subsidiary of Medifast Inc., for allegedly violating a 1992 FTC Order regarding weight loss claims.  According to the …

    • If You are A Mobile App Developer, Get it Right from the Start, Please!September 9th, 2012

      By Carmelina G. Allis – If you are a mobile app developer, be sure to review the FTC’s newly published guidelines on truth-in-advertising and privacy principles, “Marketing Your Mobile App, Get it Right from the Start.”  They apply to you, whether you are a start-up …

    • The POM Wonderful Case Enters the PlayoffsAugust 24th, 2012

      By John R. Fleder – We have previously reported about the Federal Trade Commission’s (“FTC”) case against POM Wonderful, the maker of pomegranate juice (here, here, here, and here). In the world of FTC advertising cases, this litigation is certainly “big league” litigation. On September 27, 2010, the …

    • Anne Walsh to Moderate Panel at FDLI Advertising and Promotion ConferenceAugust 8th, 2012

      Hyman, Phelps & McNamara, P.C. is pleased to announce that Anne Walsh will moderate a panel on “Trends and Priorities in Enforcement” at this year’s Food and Drug Law Institute’s (“FDLI”) Advertising and Promotion Conference.  The conference will be held in Washington, DC on October …

    • Court Rejects FTC’s Effort to Require Two StudiesJune 13th, 2012

      By Riëtte van Laack – As we previously reported, the United States District Court for the Southern District of Florida denied the Federal Trade Commission’s (“FTC’s”) motion to hold Garden of Life and its founder, Jordan S. Rubin (collectively “GOL”) in contempt for allegedly violating a court-issued …

    • FTC Could Revise its Dot Com Disclosures Guidelines by Fall 2012June 3rd, 2012

      By Jennifer M. Thomas – Last week, the Federal Trade Commission (“FTC”) hosted a workshop entitled “In Short: Advertising and Privacy Disclosures in a Digital World.” The workshop was intended to explore whether the FTC needs to revise its online advertising disclosure guidelines (“Dot Com Disclosures”), …

    • Initial Decision in POM Wonderful Case – Each Side Can Claim VictoryMay 21st, 2012

      By Riëtte van Laack – On May 21, 2012, the FTC posted the 345-page Administrative Law Judge’s ("ALJ’s") Initial Decision in In the Matter of POM Wonderful LLC et al. ("POM") (FTC Docket No. 9344).  The ALJ upheld the FTC’s Complaint insofar as the FTC asserted …

    • FTC to Advertisers: “Shape up your substantiation or tone down your claims”May 20th, 2012

      By Jennifer M. Thomas & John R. Fleder – Last week, the Federal Trade Commission (“FTC”) announced a $40 million settlement with Skechers USA, Inc. (“Skechers” or “the Company”) to resolve charges that the Company made deceptive and unfounded claims that its Shape-up sneakers would help …

    • Kidvid Flashbacks? FTC Considers Curtailing Proposed Voluntary Principles for Marketing Food to ChildrenOctober 18th, 2011

      By Cassandra A. Soltis – Earlier this year, we reported on the Interagency Working Group’s (“IWG’s”) proposed voluntary principles for marketing food to children.  The IWG includes representatives from the Federal Trade Commission (“FTC”), the Centers for Disease Control and Prevention, the Food and Drug Administration, …

    • FTC: Reebok Settlement Provides “Compliance Nuggets”October 4th, 2011

      By Cassandra A. Soltis – Last week, the Federal Trade Commission (“FTC”) announced a settlement with Reebok International Ltd. (“Reebok” or “the Company”) for charges that the Company disseminated false and misleading advertisements for its EasyTone and RunTone shoes.  The FTC’s Complaint alleged, among other things, …