Advertising Compliance Service:
FROM THE EDITOR IN CHIEF
On October 6, 2010, FTC proposed revisions to the guidance that it gives marketers to help them avoid making misleading environmental claims. The proposed changes are designed to update the Guides and make them easier for companies to understand and use. Our lead article, "FTC Proposes Revised `Green Guides'," examines this historic FTC proposal.
A payday loan marketer’s technology officer agreed to pay $850,000 to settle FTC charges. FTC charged that he played a role in an allegedly deceptive and unfair scheme that allegedly debited the bank accounts of hundreds of thousands of consumers in violation of federal law. Our next article, "Technology Officer of Payday Loan Marketer Settles FTC Charges," discusses this FTC case.
Our next article, "Social Media Roundup," is a review of ad actions reported via Twitter and other social media. This roundup consists of representative examples of updates (or "tweets") from Twitter via Advertising Compliance Service at "AdvertisingLaw" and updates from LinkedIn.
A federal judge halted a national operation that allegedly bilked consumers out of over $60 million by falsely claiming it can reduce people's tax debts. Our next article, "Court Halts Alleged Tax Relief Scam That Collected Over $60 Million," looks at this recent FTC case.
An online marketer falsely claimed ties to Google Inc., according to FTC. That marketer has now been forced to stop operations as part of an FTC action that charged defendants with marketing an allegedly bogus work-at-home scheme and charging hidden monthly fees to consumers' credit card and bank accounts. Our next article, "FTC Settles With Defendants That Allegedly Claimed `Bogus' Ties to Google," examines this FTC case.
FROM THE EDITOR IN CHIEF Continues Below
FROM THE EDITOR IN CHIEF (Cont.)
Missouri's Attorney General Chris Koster obtained a preliminary injunction against Sirius XM Radio, Inc. for allegedly repeatedly calling consumers on the Missouri no-call list who had objected to such calls. Our next article, "MO AG Gets Preliminary Injunction Against Sirius XM Radio for Alleged Violations of No-Call Laws," discusses this state attorney general action.
Our NAD article examines recent NAD cases in these three categories: (1) Pet Medication Claims, (2) Performance Superiority Claims, and (3) Quantified Performance Claims.
BRIEF NEWS OF NOTE
FDA ISSUES WARNINGS TO MARKETERS OF UNAPPROVED `CHELATION' PRODUCTS–On October 14, 2010, the Food and Drug Administration (FDA) warned eight companies that their over-the-counter (OTC) chelation products are unapproved drugs and devices and thus a violation of federal law to make unproven claims about these products. There are no FDA-approved OTC chelation products.
The companies that received the warning letters claim that their products treat a range of diseases by removing toxic metals from the body. Some also claim to treat autism spectrum disorder, cardiovascular diseases and other serious conditions. Some companies that received the warning letters also claim their products will detect the presence of heavy metals to justify the need for chelation therapy.
The drug products involved have not been evaluated by the FDA for treatment of these diseases, and violate the Federal Food, Drug, and Cosmetic Act (FFDCA), according to FDA.
(FDA Press Release, October 14, 2010.)
FILING INSTRUCTIONS FOR CONTENTS OF THIS ISSUEFile all articles behind existing articles in the tabs noted:
File, "FTC Proposes Revised Green Guides" under Tab #27, Green Advertising, Article #12.
File, "Technology Officer of Payday Loan Marketer Settles FTC Charges" under Tab #23, Financial Ads, Article #101.
File, "Social Media Roundup" under Tab #15, New Media, Article #299.
File, "Court Halts Alleged Tax Relief Scam that Collected over $60 Million" under Tab #23, Financial Ads, Article #102.
File, "FTC Settles with Defendants that Allegedly Claimed Bogus Ties to Google" under Tab #23, Financial Ads, Article #103.
File, "MO AG Gets Preliminary Injunction Against Sirius XM Radio for Alleged Violations of No-Call Laws" under Tab #9, State Law, Article #146.
File, "NAD Investigations: Recent Highlights" under Tab #3, Self-Regulation, Article #515.
File, Bulletin #701 (pages 1-2) under Tab #1, Bulletins.
November 1, 2010
NOTICE: This publication is not intended to provide legal advice. Persons who need legal services should contact a duly licensed professional.
© Copyright 2010-2012 JLCom Publishing Co., L.L.C. All rights reserved.
Go to the NEXT section of this online Sample Issue
Advertising Law-Related Articles
- "12 Key Advertising-Related Laws You Should Know"
- This article examines 12 key advertising-related laws that you should know about before you review your ads to make sure your ads don't run afoul of these laws.
- "10 Things to Do So Your Ads Comply With Advertising Laws"
- This article discusses 10 key areas you should look at when you're reviewing your advertising to determine whether it's in compliance with advertising law's many requirements.
- "10 Tactics to Use So Your Ads Comply with Advertising Laws"
- This article presents 10 tactics you could use to help your ads comply with the many laws, rules, regulations and guidelines that may affect your advertisements.
- "10 Major Advertising Law-Related Concepts"
- This article is a useful review of 10 key areas you should look at when you're reviewing your advertising to determine whether it's in compliance with the numerous laws, rules, regulations and guidelines that may affect your ads.