March 21, 2019 On March 4, 2019, the United States Postal Service (“USPS”) issued a guidance letter meant to address how cannabidiol (“CBD”) products may be sent via U.S. mail. This is another of many recent state and federal CBD law developments. The USPS has advised that the guidance is temporary and will be revised…

March 8, 2019  As more states legalize medical and recreational marijuana, the continued federal prohibition on marijuana sales creates uncertainty for marijuana marketing and marijuana-related product and service businesses. Just this last February, CBS rejected a medical marijuana advertisement that was set to air on its national Super Bowl broadcast. Similarly, social media platforms, such…

March 7, 2019 The Federal Trade Commission (“FCC”) has recently announced that it is seeking comment on proposed amendments to two existing FTC regulations that aim to protect the privacy and security of customer information collected and stored by financial institutions.  Specifically, the amendments would modify the “Safeguards Rule” and “Privacy Rule” under the Gramm-Leach-Bliley Act. The proposed amendments…

March 6, 2019  Last month, Mastercard Incorporated (“Mastercard”) announced an important change to its policies that will require merchants to provide specific automatic enrollment disclosures to consumers at the conclusion of all free-trial offers. The Mastercard free trial terms are intended to protect consumers from merchants that offer misleading “free to pay” conversions, continuity plans,…

March 4, 2019 Beauty product marketer, F9 Advertising, LLC, several related entities, and their individual owner, have been sued by the Federal Trade Commission (“FTC”) for allegedly fraudulent continuity billing practices.   The FTC alleges that the non-compliant continuity billing practices and related marketing violate the Restore Online Shoppers’ Confidence Act (“ROSCA”). How do the entities’…

February 28, 2019  A Federal Trade Commission (“FTC”) investigation of Cure Encapsulations, Inc. and its owner, Naftula Jacobowitz (the “Defendants”), has ended in a settlement that awaits court approval. In its complaint, the FTC alleges that Defendants made false and unsubstantiated claims concerning the efficacy of garcinia cambogia (the “Product”) as a weight-loss supplement and…

February 21, 2019 In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”).   The class certification motion brings the TCPA case to a seminal inflection point…

February 20, 2019  On February 6, 2019, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the “Division” or “NJDGE”), notified Oddsshark.com and its operators that their promotion of illegal gaming sites violated Federal, and New Jersey State gambling marketing laws. In response to the notification, Oddsshark.com has posted an “ACCESS DENIED”…

February 15, 2019 A new bill, titled the “Washington Privacy Act” (“WPA”), was introduced in the Washington State Senate on January 18, 2019. If enacted, Washington would follow California, which passed the California Consumer Privacy Act (“CCPA”) on June 28, 2018, as the second state to adopt a comprehensive privacy law. Several key provisions of…

February 14, 2019 In June, 2017, the Federal Trade Commission (“FTC”) sought public comment on the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”). At that time, it had been nearly 15 years since the passage of CAN-SPAM and the FTC was seeking public opinion on the costs, benefits, and regulatory impact that…

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