Last month, the United States District Court for the District of New Jersey granted summary judgment in favor or Bayer HealthCare LLC in a consumer class action over its probiotic dietary supplement. In short, the dispute involved allegations that Bayer knowingly made false digestive health-related efficacy claims in violation of California and Illinois consumer protection … Read more
The conclusion of the three year transition period for Canada’s Anti-SPAM law is rapidly approaching. Provisions pertaining to a “private right of action” will soon become effective. The CAN-SPAM Act does not provide for a private right of action and does not regulate text messages. Conversely, any individual that receives an unsolicited commercial electronic message … Read more
Acting FTC Chair Maureen Ohlhausen continues to reinforce her intent to ensure that the Commission will be focusing on consumer injury when the agency decides what cases to bring and what remedy to seek. “In every consumer protection case we bring, we must ensure that we seek and obtain for consumers relief that is tied … Read more
Earlier this week, in cooperation with the Food and Drug Administration, the Federal Trade Commission circulated a consumer-focused reminder regarding dietary supplements. “Dietary supplements may seem like harmless health boosters. But while some have proven benefits, many don’t. Unlike drugs, dietary supplements aren’t evaluated or reviewed by FDA for safety and effectiveness, and even “natural” … Read more
According to a press release issued this week by the U.S. Justice Department’s Tax Division, three California residents were sentenced to prison for willfully failing to report secret foreign bank accounts located in Switzerland and Israel. According to the DOJ, the individuals willfully failed to file with the Department of Treasury Reports of Foreign Bank … Read more
In the latest installment of the Federal Trade Commission’s core mission to protect consumers against unfair and deceptive trade practices, the Commission has settle charges against the marketers of a weight-loss system advertised as using “breakthrough technology” and “personalized supplements” to help consumers permanently lose “20 to 40+ pounds in 40 days” without significantly cutting … Read more
The Federal Trade Commission has filed a complaint against a group of online marketers, alleging that they deceived consumers with “free” and “risk-free” trials for access to various gadgets and online subscription services. According to the FTC, the defendants violated the FTC Act and the Restore Online Shoppers’ Confidence Act by asking people for their … Read more