As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it.  In recent years, state and federal regulators have made it clear that cannabis claims are a priority, especially claims stating or implying a health benefit.  Most of the attention to date has been on CBD products and claims, but as THC products hit the shelves in more and more states, expect the focus to expand to include all cannabis related products. Who is doing the scrutin ..read more

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your competitors are making false or misleading statements in their advertisements ..read more

Partner August Horvath recently analyzed a decision by the Ninth Circuit Court of Appeals affirming dismissal of a case alleging that calling a soft drink a “diet” soda communicates consumers that you are selling a weight-loss product.  As August notes, Judge Orrick and the Ninth Circuit panel understood the need to review advertising and marketing claims using common-sense understanding of what words mean in context.  In so doing, they recognized that the claims of deception alleged by plaintiffs’ counsel were implausible. What does all this have to do with space aliens?  Read ..read more

As commerce becomes increasingly electronic and decentralized, manufacturers and brand owners face new challenges in protecting and enforcing their intellectual property rights in the context of online marketplaces. IP owners, courts and the marketplaces themselves are struggling to define fair, effective and efficient approaches to protecting IP rights and consumers without hindering the free flow of online commerce. Foley Hoag presents a webinar covering recent developments and best practices for companies seeking to protect copyrights, patents, trademarks and other IP rights again ..read more

Business is booming for cannabis ventures, but the legal landscape for related intellectual property protection and product advertising is rife with complications that demand special consideration, and companies should be paying attention to these issues out of the gate. Foley Hoag presents a webinar covering a range of topics related to cannabis IP protection and promotion, including: Maximizing trademark rights at the federal and state level Leveraging copyright as secondary protection for brands Cannabis patent basics and strategies Advertising best practices and what not to say ..read more

Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”).  While the letters focus on the nicotine content of the products, they should nevertheless be of interest to cannabis advertisers because they demonstrate a continued regulatory focus on vaping and suggest a framework that may soon apply more broadly to the promotion of retail cannabis products. The Gist of the Warning Letters Each of the four letters alleges that the recipie ..read more

Class action suits by consumers continue to be on the rise, especially in the false advertising area. Some recent rulings, especially in districts that have not been traditional class-action hotbeds, have made them more attractive to plaintiffs. But there are still effective strategies for defending these cases. Foley Hoag presents a webinar covering hot topics related to false advertising class actions, including: Subject matter of recent false advertising class actions Current tactics being used by plaintiff counsel to overcome obstacles to consumer class certification Developments in the c ..read more

On March 19, 2017, Marilu Calderon went shopping at the Kate Spade outlet store in Carlsbad, California, and a “Flavor of the Month” charm pendant caught her eye.  The price on the tag was $78.00, but in-store signs stated that the product was an additional 60% off.  Ms. Calderon thought that was a good deal, so she purchased the pendant for $31.20. Five months later, in New Jersey, Brenda Tripicchio did some shopping at the Tanger Factory Outlets in in Atlantic City.  Stopping by the Polo Ralph Lauren Factory Store, her eye was drawn to a men’s dark blue long-sleeve, button-up ..read more

A scene from the 2018 FDLI Food Advertising, Labeling and Litigation Conference. The Food and Drug Law Institute’s 2019 Food Advertising, Labeling, and Litigation Conference for the Food and Dietary Supplement Industries will take place September 26 and 27 in Washington DC. This is always an excellent conference that showcases specialized expertise in this important area of regulation and litigation. Speakers always include key officials from relevant enforcement agencies such as the Federal Trade Commission, Food and Drug Administration, and U.S. Department of Agriculture, as well as experi ..read more

Fourteen thousand, eight hundred and fifty-nine reviews! Four and a half stars! Who can resist these authentic, crowd-sourced endorsements of a product or service? Studies and market results show that consumers rely heavily on user-submitted reviews in choosing among products and sellers on e-storefronts. But how authentic are these user reviews? In February, the FTC settled a case with a company that it accused of purchasing falsified user reviews. Beyond outright fabrication, user reviews can be incentivized, selectively solicited, filtered, or biased in other ways. In this webcast, Foley Ho ..read more