Month: May 2018

May 31 2018

Brain Supplement Manufacturer Seeks Judicial Confirmation Regarding Claim Substantiation

Prevagen is a dietary supplement that purports to support healthy brain function. Its manufacturer, Quincy Bioscience, is requesting that a federal appeals court affirm a lower court’s recent decision to dismiss dismissing a deceptive advertising lawsuit filed against the company by the Federal Trade Commission and the New York Office of the Attorney General. The…

May 27 2018

California Attorney General Charges Operators of Alleged Cyber Exploitation Website

On May 16 ,2018, California Attorney General Xavier Becerra announced charges of extortion, money laundering and identity theft against four defendants allegedly connected to Mugshots.com. The website utilizes data from law enforcement and publishes it without consent. According to reports, when subjects request removal of their booking photos, they are routed to another website and charged…

May 21 2018

Court Rules That Use of Competing Trademark in Metatags Supports Finding of Infringement

On May 10, 2018, the Ninth Circuit issued an opinion that affirmed in part and reversed in part an Oregon district court’s preliminary injunction prohibiting Skechers USA, Inc. from selling shoes that allegedly infringe and dilute Adidas America, Inc.’s Stan Smith trade dress and Three-Stripe mark. Affirming in part, the court held that the district…

May 19 2018

The FTC’s “Gut Check” Guide for Identifying Deceptive Weight Loss Claims

The Federal Trade Commission consistently initiates investigations and enforcement actions designed to curb misleading claims for products promoting easy weight loss and slimmer bodies. In doing so, the FTC has provided guidance for advertisers and publishers of weight-loss claim “red flags” that are likely to draw the ire of a regulator. The guidance is entitled,…

May 16 2018

FTC Commissioner Wants More Aggressive Penalties for Repeat Offenders

The Federal Trade Commission’s enforcement program is designed to ensure that defendants under court order for FTC Act violations do not become repeat offenders.  Rohit Chopra, a Trump appointee to the Federal Trade Commission, wants the agency to take a more aggressive stance. On May 11, 2018, Mr. Chopra issues an official statement declaring that “the credibility of…

May 13 2018

FTC Enforcement Power Being Put to the Test

The Federal Trade Commission has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by the Delaware U.S. District Court of the agency’s complaint against Shire ViroPharma Inc.  The FTC previously charged Shire with violating Section 5(a) of the FTC Act by engaging in an unfair method of competition with respect…