Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Is that Flexibility We See in an FTC Order on Disease Claims?

On May 28, 2014, the FTC announced a settlement with the company that sells Lice Shield shampoos, leave-in sprays, and products to be applied to head gear. In the FTC’s view, the company did not possess adequate…

POM Wonderful LLC Raises the Stakes at the D.C. Circuit

On May 2, 2014, POM Wonderful LLC (“POM”) argued before the U.S. Court of Appeals for the D.C. Circuit, urging it to overturn a Federal Trade Commission (“FTC”) decision prohibiting POM from making disease-related…

Why Marketers Should Care about FDA’s OTC Drug Review

We’re all familiar with the phrase “speak now or forever hold your peace.” If you develop products that are in commerce pursuant to an OTC drug monograph — such as fluoride toothpastes, facial washes that also treat…

Fit To Be Tied? Lessons from the Fitbit Recall

Kelley Drye

The Consumer Product Safety Commission recently announced a recall of the Fitbit Force, a wireless activity-tracking wristband, because of consumer reports of rashes, skin irritation and blistering. Consumers are…

FTC Judgment Adds to Growing Number of Medical Food Regulatory Actions

Kelley Drye

The Federal Trade Commission announced recently that it obtained a $2.2 million judgment against Wellness Support Network, Inc., and its two principals. The company claimed that its products, Diabetes Pack and Insulin…