In a decision issued last month, the National Advertising Division (âNADâ) determined that the use of emojis in an advertisement is enough to constitute a claim. Stokely-Van Camp, the manufacturer of Gatorade challenged four of BodyArmorâs express claims which were made in a social media post. In the video, Baker Mayfield, BodyArmor endorser and Cleveland
The Cyber Incident Reporting Law Gains Traction in Congress
Congress is now taking steps to beef-up cyber security regulations at the federal level. The Senate introduced a bill titled the âCyber Incident Reporting Act of 2021,â which requires covered entitiesâmeaning an entity that owns or operates critical infrastructureâto promptly report cyber security breaches to a Cyber Incident Review Office, which then receives, aggregates, and
Pumpkin or Squash?
As Fall comes to an end and we’ve consumed enough pumpkin pie to last us until next year, we remind you of the pumpkin vs. squash advertising debate that is more mind-boggling than what Grandma brought to your Thanksgiving feast.
To wit, canned pumpkin is not always canned pumpkin. Canned pumpkin is sometimes packed from
FTC Warns About Reviews & Endorsements
Earlier this month, the Federal Trade Commission (FTC) announced that it is now using its Penalty Offense Authority to remind companies not to use fake online reviews or other deceptive endorsements and that stiff penalties (up to $43,792 per violation) will apply if they do.
The FTC sent a Notice of Penalty Offenses letter to
U.S. Copyright Office Weighs in on the Right to Repair Digital Devices
The U.S. Copyright Office (âUSCOâ) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (âDMCAâ)âs rules governing access to devices and software, which includes automobiles and medical devices. Enacted in 1998, the DMCA works to prohibit people from circumventing technological measures used by copyright owners to control access
Final FDA âIntended Useâ Rule Goes Into Effect September 1, 2021
On September 1, 2021, the Food and Drug Administrationâs final âintended useâ rule will go into effect. The update is meant to clarify the âintended useâ regulations for pharmaceutical products and medical devices. According to the FDA, this âshould reduce manufacturer and stakeholder uncertainty regarding the scenarios in which specific types of evidence may or
Which Time Zone Controls the Timeliness of Discovery Requests at the TTAB?
In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedingsânamely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party. While not a particularly exciting legal issue, it is no doubt
Is it Actually “Made in USA”?
Recently, the Federal Trade Commission (âFTCâ) issued a new rule to prevent âMade in USAâ labels from being used fraudulently. This new rule codifies the FTCâs policy which requires products which are labeled as âMade in USAâ, to be supported by proof that all or virtually all of the product is made in the United
Name, Image and Likeness Legislation Changes College Sports
The NCAA announced that it will allow student-athletes throughout the country to profit from their name, image, and likeness (âNILâ) starting on July 1, 2021, which marks a major shift from the NCAAâs longstanding amateurism model. So far, nine statesâincluding Alabama, Florida, Georgia, Mississippi, New Mexico, Texas, Kentucky, Ohio, Oregon, and Illinoisâhave signed NIL legislation
FTC Begins Enforcing COVID-19 Consumer Protection Act
As you may recall, the early days of the COVID-19 pandemic saw a short supply of various products. Toilet paper, alcohol wipes, hand sanitizer, masks, and even flour were in such high demand, that some consumers would need to visit half a dozen stores before finding such precious commodities. Due to these extreme shortages coupled