Ad Law Access
Alabama Supreme Court Holds Brand-Name Drug Manufacturer Liable for Ad Representations Made by Generic Drug Manufacturer
The Alabama Supreme Court recently held in Wyeth, Inc. v. Weeks, – So.3d –, No. 1101397, 2013 WL 135753 (Ala. Jan. 11, 2013) that a drug company may be held liable for fraud or misrepresentation (by affirmative…
Commission Issues Decision In the matter of POM Wonderful LLC
On January 16, 2013, the Federal Trade Commission (“Commission”) issued an Opinion In the matter of POM Wonderful LLC upholding in part and overruling in part Chief Administrative Law Judge D. Michael Chappell’s May…
No Crash Later, Unless You Mischaracterize an NAD Decision
According to the New York Times, the NAD has decided to reopen its review of Living Essentials’ claim that its 5-Hour Energy “shot” produces “no crash later.” In 2007, the NAD reviewed 5-Hour Energy’s claims, found…
FTC Closes an Investigation Involving a Social Media Campaign
As we've noted in previous posts, if a company provides incentives to a consumer in order to encourage the consumer to promote the company's products, the consumer is required to disclose those incentives. It's not…
Learning From FTC Closing Letters: Useful Insights into Prohibited Practices
In an interview with Catherine Dunn of Corporate Counsel, I discussed some of the patterns and principles found in FTC closing letters and how in-house counsel can benefit from understanding these trends should they…