Advertising law news briefs.
Advertising law news briefs.
Your News Your Way: Every Day!


Note:This website is where you can find advertising law information based on archived news briefs from past issues of Advertising Compliance Service. These archived advertising law-related news briefs were published in Advertising Compliance Service in May 2003.





Advertising Disclosures
Car Ads
Car Loans
Children's Ads
Comparative Ads
Consumer Lease
Deceptive Pricing
Diet Programs
Diet Supplements
E-Mail Ads
Eye Care
Eye Surgery
Food Ads
Health Claims
Hearing Aids
Home Financing
Indoor Tanning
Internet Ads
Internet Mktng.
Infertility Svcs.
Made in USA #1
Made in USA #2
Made in USA #3
Made in USA #4
MLM #1
MLM #2
Precious Metals
Retail Electricity
Timeshare Tips
Use of Word "Free"
Vacation Plans
Varicose Veins
Yellow Pages

Our Related Websites

Advertising Compliance Service

Advertising Substantiation

Ad Substantiation

Green Advertising Law

Political Advertising Law


FTC has reached a settlement with Comstar Communications, Inc. and its president, Randall A. Carasco. They marketed and sold "WaveShield," "WaveShield 1000," and "WaveShield 2000" cell phone radiation protection patches using TV, radio and Internet advertising. The defendants allegedly claimed that their products could block up to 99% of radiation and other electromagnetic energy emitted by cellular telephones, thereby reducing consumers' exposure to this radiation. In February 2002, FTC issued a complaint against the defendants alleging that these claims were false and unsubstantiated.

The stipulated order has been approved by the court. It bars defendants from the future marketing or selling of any product that purports to reduce consumers' exposure to radiation and electromagnetic energy, unless the claims are true and can be substantiated by competent and reliable scientific evidence.

The order also bars defendants from making unsubstantiated representations about the benefits, performance, or efficacy of any product or service. The settlement requires defendants to clearly disclose that most electromagnetic energy emitted by cell phones comes from parts of the phone other than the earpiece, where the WaveShield is placed, and that the WaveShield has no significant effect on this other radiation.

Also, the settlement bars defendants from misrepresenting the results of any test, study or research.

FTC's vote to approve the filing of the stipulated final order for permanent injunction was 5-0. The order was entered in the U.S. District Court for the Eastern District of California, in Sacramento, on April 28, 2003.

(Comstar Communications, Inc., et al., FTC Matter No. X020039, Civil Action No. CIV.S-020348 MCE JFM, May 7, 2003.)


FTC has OK'd a final consent order in a case involving student surveys. According to FTC's complaint, student survey companies had collected detailed personal information from students as young as 10 years old by deceptively claiming that they would use the data only for educational purposes. These companies agreed to settle FTC charges that their practices violated federal law.

FTC alleged that the companies sold personally identifiable information about millions of students to target marketers. The now-final consent agreement requires that the companies destroy any information they have collected from children under 13 years old. Also, the consent order bars--

* respondents from using previously collected student information for non-educational-related marketing purposes;

* respondents from using data collected in the future for non-educational-related marketing purposes unless they disclose how the data actually will be used; and

* further deceptive statements.

NOTE: A consent agreement is for settlement purposes only and does not constitute an admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of $11,000.

(Educational Research Center of America, Inc., et al., File No. 022 3249, FTC Dkt. No. C-4079, May 9, 2003.)
















Main Archived News Index:

1996 | 1997 | 1998 | 1999 |
2000 | 2001 | 2002 | 2003

Archived 2003 News:

January | February | March | April | May | June July | August | September | October | November | December



Advertising Compliance Service...

Advertising Compliance Service.



JLCom Publishing Co., L.L.C. is the publisher of Advertising Compliance Service™. For over 34 years (1981-2015),Advertising Compliance Service™ was the authoritative - and comprehensive - source of information for advertising law practitioners, advertisers and advertising agencies -- and their attorneys. One of the 27 advertising law-related topics that were regularly covered by this newsletter/reference service was found in Tab #1, the Bulletin section, and is entitled, "Brief News of Note."

JLCom Publishing Co., LLC, publisher of Advertising Compliance Service, a newsletter / reference service for advertising law attorneys, including in-house counsel and outside counsel, to help them make sure their advertiser clients comply with laws involving false, unfair and deceptive acts.

© Copyright 2003-2014 JLCom Publishing Co., L.L.C. All rights reserved.

IMPORTANT NOTICE: Materials included in this Web Site are intended for general information purposes only and are not intended to provide - and do not constitute - legal or other advice. Persons who need legal or other services should contact a duly licensed professional. The inclusion of links on this Website are to Websites that are maintained by third parties over whom JLCom Publishing Co., LLC has no control. Such links do not imply endorsement of the material that's contained therein. JLCom Publishing Co., LLC makes no claims, representations, or warranties as to the accuracy, completeness, or appropriateness of these Web Sites or the information these websites contain. Read this disclaimer and our privacy statement before using this site.