Thursday, Jul. 2, 2020

The Telephone Consumer Protection Act (TCPA) prohibits any person from calling or text messaging someone on a wireless phone using an automatic telephone dialing system (an “autodialer”) or an artificial or prerecorded voice (a "robocall") unless the call is an emergency or the person has the...

Monday, May. 11, 2020

Remember the Grammy’s a few years back, when Arby’s shouted out to Pharrell Williams on Twitter, requesting the return of its hat. (See here.)  And Pharrell, good sport that he was, tweeted back at the restaurant chain, accusing...

Friday, Feb. 21, 2020

Editor's Note: This article reposted by Jeff Greenbaum from GALA

The outbreak of the novel coronavirus (Covid-19), which has yet to peak, has already had a significant impact in China on a macroeconomic and individual level. This article will look at how COVID-19 is affecting the...

Monday, Jan. 13, 2020

After PBS received an anonymous complaint alleging that television host Tavis Smiley engaged in sexual misconduct, PBS engaged an outside law firm to conduct an investigation into the allegations.  Ultimately, PBS decided to suspend its nightly "Tavis Smiley" show.  PBS also terminated various...

Thursday, Jan. 9, 2020

Keeping with our theme of predictions for 2020, here's a quick recap of some of the issues that the folks at the Federal Trade Commission are ...

Monday, Dec. 30, 2019

As the year comes to a close, we wanted to share with you our thoughts about some of the key issues to keep in mind for 2020.  So, here are some tips from many of the members of the Frankfurt Kurnit Advertising Group...

Friday, Dec. 20, 2019

When you advertise that your product is "Made in the USA," do you have to take into account whether the product packaging was made in the United States?  That was the issue in a recent lawsuit brought in federal court in California against the J-B Weld Company, which makes a variety of epoxy...

Friday, Nov. 1, 2019

Readers of this column know that we frequently cover cases where a defendant claims that its compliance with various federal labeling requirements preempts a state law false advertising claim.  The defendant’s argument often fails.  (See ...

Tuesday, Oct. 15, 2019

Wright Medical Technology and Paragon 28 are competitors in the niche market of selling surgical plates and other devices used to repair bones in the foot and ankle.  The competition between the companies is particularly intense because Paragon was founded by a number of former Wright Medical...

Tuesday, Sep. 17, 2019

It’s amazing how many blog posts we’ve written about chickens. Or, rather, cases involving chickens.  BBB National Advertising Division's (NAD) recent decision in the ongoing Cluck Wars is worth a read: it deals with how the imagery in an ad can potentially have an impact on the claim used in...

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