ADVERTISING COMPLIANCE SERVICE

BULLETIN #646

WASHINGTON ROUNDUP:
A Review of Ad Actions Involving FTC

FTC OK's FILING JOINT AMICUS BRIEF IN MATTER OF "ALTRIA v. GOOD, ET AL."

FTC approved the filing of an amicus brief with the U.S. Supreme Court in the matter of Altria v. Good et al., No. 07-562 (U.S. S. Ct.). The brief was filed on June 18, 2008 jointly with the U.S. Department of Justice's Office of the Solicitor General. The case concerns whether state law claims brought by a consumer against a cigarette company have been expressly preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA), 15 U.S.C. Section. 1331, et seq., or in an implied manner by FTC.

Specifically, the question presented before the High Court is:

"Whether guidance statements and consent orders issued by the Federal Trade Commission impliedly preempt a state-law tort claim based on a cigarette manufacturer's allegedly fraudulent use of the descriptors `Light' and `Lowered Tar and Nicotine' to characterize its cigarettes when the manufacturer allegedly knew that the cigarettes, as smoked by a human smoker, would deliver as much tar and nicotine as so-called `full flavor' cigarettes."

FTC's amicus brief argued that petitioners' (i.e., Altria Group, Inc., et al.) implied preemption claim should be rejected.

FTC's vote approving filing of the amicus brief was 4-0.

(In the Supreme Court of the United States, Altria Group, Inc., et al., Petitioners v. Stephanie Good, et al., On Writ of Certiorari to the United States Court of Appeals for the First Circuit Brief for the United States as Amicus Curiae Supporting Respondents, No. 07-562, FTC File No. P082105, June 20, 2008.)

FTC SEEKS PUBLIC COMMENT ON DVD RATING STUDY

FTC is seeking public comment on a proposal to conduct consumer research on "parental use of the Motion Picture Association of America's movie rating system on rated DVDs", and on parental attitudes toward the marketing of unrated DVD versions of rated motion pictures.

If you wish to comment on this proposal, your comments should refer to "DVD Rating Symbol Study: FTC Matter P994511" and be sent or delivered to:

Federal Trade Commission, Office of the Secretary, Room H-135 (Annex J) 600 Pennsylvania Avenue, N.W., Washington, DC 20580.

The deadline is August 4, 2008.

If you plan to file your comments in paper form, FTC requests that they should be sent by courier or overnight service, if possible since U.S. postal mail in the Washington area and at FTC is subject to delay due to heightened security precautions.

If you file your comments electronically, submit them by following the instructions on the Web-based form at:

https://secure.commentworks.com/ftc-DVDRatingStudy.

FTC's vote approving issuance of the notice was 4-0.

(DVD Rating Symbol Study: Notice and Request for Public Comment on Proposed Information Collection Concerning the DVD Rating Symbol Study, FTC File No. P994511, June 20, 2008.)

FTC OK's FEDERAL REGISTER NOTICE AMENDING APPLIANCE LABELING RULE REGARDING METAL HALIDE LAMPS

FTC approved the publication of a notice in the Federal Register amending the Appliance Labeling Rule as to the labeling requirements for metal halide lamp fixtures.

According to the notice, FTC is amending the Appliance Labeling Rule to specifically address labeling rules for the fixture packaging and ballasts of such metal halide lamps.

(16 C.F.R. Part 305: The Federal Trade Commission Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act ("Appliance Labeling Rule", July 1, 2008.)

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Volume XXVIII
Issue 14
July 21, 2008
Pages 23-24

Advertising Compliance Service is a REFERENCE COMPENDIUM of JLCom Publishing Co., L.L.C.

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