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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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Senate Proposes Federal Privacy Legislation That Would Impose Criminal Penalties

Calendar year 2018 has been unprecedented in terms of international and domestic privacy legislation.  From the European Union General Data Protection Regulation to states’ enactment of more restrictive data privacy laws, and from Federal Trade Commission actions to the fake news scandals, companies are expending significant resources on compliance.There has

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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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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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