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National Advertising Division on Comparative Advertising + “Best” Claims

The National Advertising Division frequently addresses issues pertaining to comparative advertising and “best” claims.  Most recently, the NAD ruled that Mahindra USA, Inc. could not claim its products were superior without being able to substantiate representations via reasonable evidence.Here, Deere & Company, Inc. challenged Mahindra’s superiority advertisements that included “best”-type

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Federal Bills Introduced Regarding Marijuana Use and Related Business Activities

U.S. Senator Chuck Schumer (D-NY) recently introduced the Marijuana Freedom and Opportunity Act, legislation attempting to decriminalize marijuana at the federal level.  If passed, the bill would remove marijuana from the list of scheduled substances and provide states with the ability to implement their own marijuana laws.The Controlled Substances Act

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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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