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FTC Releases 2018 Enforcement Highlights

The Federal Trade Commission Chairman recently released its 2018 consumer protection and competition “Annual Highlights.” The FTC’s Highlights report describes some of the agency’s most notable enforcement actions, policy and advocacy initiatives, and education and outreach programs in the past year. A handful of enforcement actions of interest are highlighted below. Enforcement Stopping false and

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BREAKING NEWS: Second Circuit Chimes in on Nutraceutical Claim Substantiation

The Second Circuit recently breathed life back into a lawsuit about the adequacy of data used to support cognitive enhancement claims.  Specifically, the court vacated a previous Southern District of New York dismissal of an FTC complaint alleging that Quincy Bioscience advertised the memory supplement “Prevagen” without a reasonable basis

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New York Attorney General Announces Record COPPA Settlement

The New York Attorney General has announced a record settlement with Oath, Inc., formerly known as AOL, for allegedly violating the Children’s Online Privacy Protection Act.  Oath Inc. is a wholly-owned subsidiary of Verizon Communications Inc. Until June 2017, Oath was known as AOL Inc. The Children’s Online Privacy Protection

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FTC Halts Stem Cell Claims

A California-based physician and the companies that he controls have settled charges by the Federal Trade Commission that “amniotic stem cell therapy” can treat serious diseases, such as Parkinson’s disease, autism, macular degeneration, cerebral palsy, multiple sclerosis and heart attacks. As set forth in the complaint, the defendants earned millions of

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False Advertising Penalties Are a Matter of Degree

In the matter of United States v. Arif, the First Circuit considered the issue of when false advertising constitutes a crime. In Arif, Mustafa Hassan Arif conditionally pled guilty to wire fraud in 2016 for allegedly selling non-FDA approved prescription drug products that purported to treat or cure numerous diseases and

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CRTC Issues Penalties for Malware Distribution

The Canadian Anti-Spam Law (CASL) does not just prohibit non-consensual commercial messages.  The  Canadian Radio-television and Telecommunications Commission also enforces CASL’s prohibitions on  the non-consensual installation of software onto a person’s computer. As reported by FTC (CID) investigation defense lawyer Richard B. Newman, on July 11, 2018, the CRTC issued Notices

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FTC Defense Lawyer on Action Illustrating Need to Hold Partners Accountable

The Federal Trade Commission recently announced the settlement of allegations that marketers deceived consumers via a get-rich quick scheme.  According to reports, the operators have agreed to a permanent ban on marketing or selling certain types of software. The FTC alleges that the international network of defendants deceived consumers by falsely

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