Ad Law Access
NAD Addresses “Best Selling” Claims
Benefit Cosmetics advertised that its They’re Real Mascara was the “#1 best-selling Prestige Mascara in the U.S.” and the “#1 best-selling Prestige Mascara in the U.S. for 3 years.” A disclosure linked to the first…
Does the NAD’s Capillus Decision Baldly Contradict the FDA?
On September 12, the NAD released its decision in its review of the Capillus82 hair growth device (Case #6107). This case is unusual in that it addressed a challenge to a prescription-only medical device, and related…
Will the FTC’s Deception Evidence Fall Short? Court to Rule in DirecTV Case
U.S. District Judge Haywood S. Gilliam Jr. said Friday that the court would pause the trial to consider whether the FTC presented sufficient evidence to support its allegations that DirecTV misled consumers by failing…
TINA Has Eyes on Goop
The consumer advocacy non-profit Truth in Advertising, Inc. ( TINA.org ) has set its sights on Goop , the lifestyle brand launched by Gwyneth Paltrow. In a complaint filed earlier this week with the Santa…
DirecTV and FTC Face Off in Federal Court Over Deceptive Pricing Claims; FTC Seeking $4 Billion in Equitable Relief
A bench trial began this week to resolve allegations by the FTC that DirecTV misled millions of consumers about the actual costs of its subscriptions. According to the FTC, DirecTV should be required to pay $3.95…