What does due diligence look like for you?  Due diligence is different for different businesses based on the business’ strategy, finances, priorities, etc.  Is your marketing campaign part of your due diligence?  The point of due diligence is to protect our businesses and minimize legal risk.  Shouldn’t your marketing campaign be part of your due […]

Can you take a well known product, and market its intended use well beyond FDA approval?  Doing so could lead a Warning Letter from the FDA.  In this case, a marketer advertised a popular product as having the ability to “Help Eliminate MRSA & VRE . . . 100% MRSA & VRE Reduction[] . . […]

“The United States has a growing Hispanic population of more than 59 million people. Hispanic people are projected to reach a collective buying power of $1.7 trillion (paywall) by 2020.” Here is another great article as to why advertising in Spanish in the USA is important for growth. According to this Forbes article, “Marketing to […]

The Federal Trade Commission (FTC) has made significant changes to security data orders to increase deterrence and improve practices.  In particular, the changes cover three areas.  Starting in 2019, FTC data security “orders are more specific. They continue to require that the company implement a comprehensive, process-based data security program, and they require the company […]

According to a recent Court decision in California, “…the allegations in the complaint failed to sufficiently allege that reasonable consumers read the word “diet” in a … brand name to promise weight loss, healthy weight management, or other health benefits.”  The Court further states that [j]ust because some consumers may unreasonably interpret the term differently […]

According to Google, “Spanish-language commercial search queries grew 55% in 2019….” Here is another great article that shows the importance of advertising in Spanish in the USA. Best business practice is not only to advertise in Spanish, but also have your Spanish advertising campaigns reviewed for legal compliance in Spanish. I save the client time […]

Here is another article on why marketing to the Hispanic community is so important for growth.  Written by @Raquelle Zuzarte,  the article starts with the following staggering statistics “[b]ack in 1968, during the first Hispanic Heritage Week, Hispanics in the U.S. numbered less than 10 million. Today, that number has swelled to 60 million — representing […]

Is licensing personal data the same as selling personal data? What if the data in question is personal data of minors? Can minors consent to such practices? Last week, a class action was filed in Chicago against a major company that collects personal data of minors. According to the complaint, “Defendant …obtained the students’ personal […]

Plaintiff filed lawsuit against on-line marketer for invasion of privacy and violating state’s wiretapping law.  The invasion of privacy claim was dismissed “for failure to state claims for which relief can be granted.” As for the count on violating state’s wiretapping law, the Court did not dismiss it.  The Court states that it must look […]

This week another big company is being sued for allegedly using a charity’s protected slogan. Unfortunately, again this big company has launched a major marketing campaign with the slogan. Should the Court issue the injunction requested by the charity asking that the company destroy all merchandise with the slogan, the cost would be astronomical. Stay […]