Ad Law Access

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

USDA Publishes Two Proposed Rules Regarding Ingredients in Organic Food Products

Today the United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) published two proposed regulations that will affect companies that produce and market organic food products. One proposed…

Privacy Point of Sale Alert: Massachusetts District Court Finds that Zip Codes Are PII

In June 2011, we wrote about a class action lawsuit filed against Michael Stores, Inc. (“Michaels”), accusing the arts and crafts retailer of violating a Massachusetts consumer protection statute when it collects and…

2012 Signals Continued FTC Privacy Scrutiny: Web Browser Toolbar Triggers Enforcement Action

On January 5, 2012, the FTC announced a settlement with Upromise, Inc., a membership service intended to help consumers save money for college, over charges that the company misled users about the extent to which it…

The "Prior Substantiation" Doctrine: An Important Check On the Piggyback Class Action

A disturbing trend has emerged in false advertising litigation: plaintiffs are filing class action complaints that are virtually identical to or rely heavily on FTC complaints or FDA warning letters. Those complaints…

Cordray Gets Recess Appointment to Head CFPB

President Obama has made a recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau ("CFPB"). The President had nominated Cordray as the Director in July, but Senate Republicans blocked…