Tag Archives: Legal

The Intersection of Authority Between FDA and FTC Nutraceutical Regulation

November 19, 2014

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FTC-FDA

There is often confusion about whether the Federal Trade Commission (“FTC”) or the Food and Drug Administration (“FDA”) possesses enforcement authority when a company is marketing nutraceuticals. In brief, the FTC possesses primary enforcement responsibility for claims made in advertising, while the FDA has primary enforcement responsibility for claims made in labeling and packaging. The […]

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Understanding Contractual Indemnity Obligations

December 18, 2013

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Contract

Just about every contract contains an indemnity provision. However, more often than not this section is overlooked as being inconsequential. The reality is that the breadth of an indemnity clause could have enormous financial repercussions on all contracting parties. Simply stated, indemnity allows the “indemnitee” to shift responsibility and seek reimbursement for the entire amount […]

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Essentials For Protecting Your Trade Secrets

November 6, 2012

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Protecting trade secrets in order to retain their value is only possible once a business understands the types of assets that deserve protection under trade secret law. While business owners are typically aware that a secret process constitutes a trade secret, often overlooked are sales plans, business policies and customer lists. That said, although a […]

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The New Google Webmaster Guidelines Are Killing Affiliates

October 15, 2012

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Affiliates have been complaining for a long time that Google keeps changing the rules of SEO. Most of the time it claims that it is doing it for the benefit of its users, but often it seems Google is just taking care of its own web properties. Recent Google algorithm updates have punished “thin” content […]

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Summer Conference Recap: Accountability and Compliance Take Center Stage

August 23, 2012

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It has been a busy summer for online marketing professionals. LeadsCon East and Affiliate Summit East were scheduled three weeks apart, making scheduling and planning for these important events somewhat more complicated than in years past. Despite the close proximity of the two shows, each continues to offer a different kind of value. LeadsCon attracts […]

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Walking the Line Between Commerce and Regulatory Compliance

August 2, 2012

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It is simply not possible in the current environment for an advertiser or marketer to anticipate all of the potential scenarios that might garner the attention of a regulator. Today’s advertising landscape is pro-consumer and pro-enforcement. Federal and state regulatory enforcement actions alleging unfair or deceptive trade practices are escalating at an unprecedented level and […]

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$359 Million Judgment In FTC ‘Free’ Trial Offers Case

February 23, 2012

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The FTC has reached a settlement in its case against Canadian online marketer Jesse Willms who was accused of raking in more than $450 million in bogus free trial offers for weight-loss, tooth-whitening, work-at-home and credit report products among others:

The Willms settlement order imposes a judgment of $359 million that will be suspended upon Willms’s surrender of bank account funds and proceeds from the sale of his house, personal property, and corporate assets, including a Cadillac Escalade, fur coat, and artwork.

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Is the FBI Spying On You?

February 1, 2012

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The FBI’s case against MegaUpload appears to depend in large part on up to five years of internal email and IM conversations gathered by FBI spyware programs installed on the suspect’s computers. Documents filed by the US authorities discuss alleged conversations between senior MegaUpload management that were carried out over the Skype instant-messaging system. This is intriguing given that Skype claims not to retain messages beyond 30 days and the criminal investigation supposedly didn’t begin until early last year. So where did the FBI get those messages?

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Mr Waledac: The Peter North of Spamming

January 26, 2012

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The always reliable Brian Krebs with an amazing story of Russian spammers, huge botnets and oddly named pwnsters.

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