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…
FTC's Privacy Focus Continues in 2013: Blood Bank Data Breach Leads to Settlement
This week, the FTC announced a settlement with Cbr Systems, Inc., the operator of a leading cord blood bank, over charges that the company failed to protect the security of its customers’ personal information, and that…
UK ICO Fines Sony £250,000 After 2011 Data Breach
On January 24, 2013, the UK Information Commissioner’s Office (“ICO”) announced that it has fined Sony Computer Entertainment Europe Limited £250,000 (approximately $390,000 US) as a result of the 2011 data breach of…
Court Dismisses Promotional Pricing Proposed Class Action
For marketers facing challenges to their promotional pricing strategies, a new ruling could bolster their defenses. Earlier this week, a federal judge in New Jersey granted Jos. A. Bank's Motion to Dismiss in a…