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Business Blog

Prevagen complaint suggests mindfulness about memory claims

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Ads for Prevagen claimed that the purported memory improvement supplement is “The Name to Remember,†but according to a lawsuit filed by the FTC and the New York Attorney General, it’s a product...
Business Blog

Edge of ‘17

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“ Just like the white winged dove sings a song,†you can count on the BCP Business Blog to celebrate the “Edge of Seventeen†– 2017, of course – with a recap of in-case-you-missed-it developments from...
Business Blog

App developer under pressure for deceptive health claims

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Is it time for a little heart-to-heart about making health claims for mobile apps? An FTC settlement with California-based Aura Labs challenges misleading representations the company made about its...
Business Blog

Mars Petcare in the doghouse for deceptive claims about Eukanuba

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“It’s a dog’s life,†they say – and according to Mars Petcare, its Eukanuba brand of dog food could extend dogs’ lives by 30%. But the FTC alleges that Mars made misleading representations about the...
Business Blog

One truth to take from the Trudeau story

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Recently, the FTC sent hundreds of thousands of refund checks to people who bought the book The Weight Loss Cure “They†Don’t Want You to Know About by pitchman Kevin Trudeau. Court decisions have...
Business Blog

Doctor who?

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Short of jumping into the Tardis to consult with intergalactic medical experts, how can consumers separate the hope from the hype when evaluating claims for health products? That’s where SmartClick...
Business Blog

Deceptive “safe†indoor tanning claims burn consumers

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“Slash your risk of cancer†– by using a tanning bed? That claim caught our attention, too. A settlement with Dr. Joseph Mercola and two Illinois-based companies includes $5.3 million in refunds for...
Business Blog

Are your “all natural†claims all accurate?

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If companies market their products as “all natural†or “100% natural,†consumers have a right to take them at their word. That’s the message of four proposed FTC settlements and one just-issued...
Business Blog

Suspension and prevention: The story behind suspended judgments

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It’s a phrase you see every now and then in announcements about FTC settlements: “The order includes a $___ judgment, which has been partially suspended based on the defendants’ inability to pay.â€...
Business Blog

Mind the gap: What Lumosity promised vs. what it could prove

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Ads for Lumosity’s “brain training†program made it sound simple. Play games for 10-15 minutes several times a week to delay memory decline; protect against dementia and Alzheimer’s disease; improve...
Business Blog

2015’s top-pick topics: A 10-tative list

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2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in...
Business Blog

5 principles to help keep your health claims healthy

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The marketers of products as diverse as dietary supplements, mobile apps, cosmetics, and apparel may not think they have much in common. But if they make health-related representations, they all need...
Business Blog

Order compliance: A behind-the-scenes look

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If the Commission is to attain the objectives Congress envisioned, it cannot be required to confine its road block to the narrow lane the transgressor has traveled; it must be allowed effectively to...
Business Blog

Trip the light? Fantastic.

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It doesn’t take much to convince us we need something new for the shoe closet – and our vintage high-tops and periwinkle platforms stand as a silent testament to that. But an ultraviolet light...
Business Blog

What’s on boomers’ minds?

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Baby boomers are running scared and marketers are in hot pursuit. What strikes such fear? The specter of memory loss and cognitive impairment severe enough to turn you into “a prisoner†in your own...
Business Blog

Shifty shades of gray

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Everyone harbors a dark secret – a forbidden mystery concealed behind closed doors. Three cases just filed by the FTC pull back the curtain on one of those taboos: The efforts people make to hide the...
Business Blog

Affiliation explication

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If you’re active in affiliate marketing, a summary judgment ruling by a United States District Court offers additional support for the conclusion that “Who, me?†isn’t likely to be a persuasive...