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

    • 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, …

    • Congressional Leaders Request FDA to Exclude Grocery Stores from Menu Labeling RequirementsAugust 18th, 2011

      By Cassandra A. Soltis – In response to the Food and Drug Administration’s (“FDA’s”) proposed rule on nutrition labeling of standard menu items in restaurants and similar retail food establishments, members of the U.S. Senate and House of Representatives have requested that FDA exclude grocery stores …

    • Joint Citizen Petition Asks FDA for Clarity on Off-Label Use Manufacturer-CommunicationsJuly 11th, 2011

      By Dara Katcher Levy – On July 5, 2011, seven pharmaceutical companies submitted a joint Citizen Petition requesting that FDA clarify its policies for industry about four distinct types of manufacturer-communications that often deal with off-label information – Manufacturer Responses to Unsolicited Requests; "Scientific Exchange"; Interactions …

    • Consumer Agrees to FTC Order for False Testimonial in InfomercialJune 14th, 2011

      By Cassandra A. Soltis – For the first time ever, the Federal Trade Commission (“FTC”) took action against a consumer for misrepresenting in a testimonial the amount of money she made by purchasing and using a wealth-building program marketed by Russell Dalbey, CEO and founder of …

    • Our Hearts are A-Twitter: Come Learn About Social Media Issues at the FDLI Annual MeetingMarch 24th, 2011

      Hyman, Phelps & McNamara's Jeffrey N. Wasserstein (co-founder of the FDA Law Blog) will be moderating a panel on social media and therapeutic products at the FDLI Annual Meeting, April 5-6, 2011, at the Ronald Reagan International Trade Center, in Washington, DC.  The panel will …

    • California Insurance Commissioner Intervenes in Qui Tam Lawsuit Alleging Pharma Company paid Physicians as “Runners and Cappers”March 24th, 2011

      By Nisha P. Shah & Alan M. Kirschenbaum – In an unusual step, the State of California’s Department of Insurance intervened in a qui tam lawsuit brought against Bristol-Myers Squibb (“BMS”) by three former employees, including a former member of the L.A. Lakers.  In The People …