Newsletters

08.02.18

Allergy Claims Cause NAD to React With Recommendation to Discontinue

Claims for an allergy medication should be discontinued because they lack the necessary support, the National Advertising Division recently recommended, despite seemingly contrary findings in prior decisions that considered some of the studies at issue.


08.02.18

Appellate Courts Pass on Embedded Link, Publicity Rights Cases

In appellate news, the U.S. Court of Appeals for the Second Circuit declined to consider a high-profile copyright case involving embedded links while the California Supreme Court passed on actress Olivia de Havilland’s publicity rights challenge to an FX television show.


08.02.18

Take Two: ANA Updates Transparency Template

Two years after releasing a report on media transparency accompanied by a services agreement template, the Association of National Advertisers provided an update with version 2.0.


07.31.18

CMS Liberalizes Medicare Advantage and Part D Marketing Rules

On July 20, the Centers for Medicare & Medicaid Services (CMS) issued the new “Medicare Communications and Marketing Guidelines” (MCMG), which governs Medicare Advantage organizations (MAOs) and Part D plan sponsors.


07.30.18

CMS Responds to States’ Drug Pricing Proposals

The Trump administration (the Administration) has called for a reduction in drug spending.


07.26.18

Bedding Company Files Trademark Suit Against Amazon

Amazon infringed on Comphy’s trademark by posting results for “inferior third-party sheets” when consumers searched for terms like “comph” and “comphy” on the Amazon site, according to a new Illinois federal court complaint.


07.26.18

CARU Has a Song of Modification for Karaoke App

A karaoke app should modify its privacy practices to achieve compliance with the Children’s Online Privacy Protection Act (COPPA) and the Children’s Advertising Review Unit’s (CARU) guidelines, the self-regulatory body has recommended.


07.26.18

New York Court Gets Fresh With Juicemaker

A New York federal court judge narrowed the scope of a consumer class action brought against Whole Foods and Freshbev over a line of juices marketed as “fresh.”


07.26.18

Lack of Disclosures Remains Problematic for Social Media Influencers

A new class action charges brands with paying social media influencers to promote their products while failing to ensure appropriate disclosures were made.


07.24.18

Market Stability Remains a Work in Progress

As the 47 states, including the District of Columbia (DC), that conduct their own rate reviews continue their review processes, many have released at least some details about what insurers proposed in their rate filings for the 2019 individual market.