Ad Law Access
NAD Holds that a Trademark Can be a Claim
In a decision issued last week, the NAD held that even trademarked phrases are subject to advertising laws. A company that makes dishwasher products was asked to substantiate the phrase “Outshines the Competition.” The…
FTC Gets Court Order Requiring Individual to Pay $350,000 For Making Deceptive and Unsubstantiated Claims under R-Value Rule
A federal court has ordered Edward Sumpolec, a home insulation marketer d/b/a ThermalKool, ThermalCool, and Energy Conservation Specialists, to pay a $350,000 civil penalty for making deceptive and unsubstantiated…
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…