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Second Circuit Holds Controverted Scientific Article Is Non-Actionable Opinion

Introduction In a decision with implications for litigation over the promotional use of scientific or other technical studies of products or services, the Second Circuit held recently that published scientific conclusions concerning matters of legitimate dispute, using a disclosed methodology...

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POM Wonderful – Where Are We Now?

In January 2013, the Federal Trade Commission (FTC) issued its much-anticipated ruling against POM Wonderful (POM), unanimously upholding Administrative Law Judge Michael Chappell’s May 2012 decision that POM lacked adequate substantiation for advertising claims that its products could...

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The FTC And Social Media Advertising

In recent years, companies have been expanding their marketing practices to embrace blogging and other social media, such as Facebook, Twitter and Pinterest. Generally speaking, the FTC treats social media the same as it does traditional media – the same three basic principles apply that...

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