The Lustigman Firm, P.C. Attorneys

Do's and Don'ts of Mobile Marketing Law

Tue, 9 Mar 2010 11:55:17 -0800

A panel of lawyers discussed important issues for every mobile marketer during the "Legal Dos and Don'ts" panel at Mobile Marketing Day, hosted last week by Mobile Marketer and the Direct Marketing Association. Included in the panel was Andy Lustigman. The agenda included insight into law enforcement related to mobile marketing, important cases and best practices, including tips for mobile contests, sweepstakes and promotions. Mobile Marketer's summary of the presentation can be found here.

Dannon Settles Class Action Challenging "Clinically" and "Scientifically" Proven Health Claims For $45 Million

Wed, 3 Mar 2010 07:23:47 -0800

The Dannon Company recently settled a Northern District of Ohio class action which challenged the company's claims that its Activia and DanActive yogurts were clinically or scientifically proven to help regulate the body's digestive system. The settlement is being characterized as one of the largest settlements of food false advertising case and highlights the importance of ensuring that a marketer's level of claim support matches the advertised claim.

Colorado Passes Two Restrictive DM Taxes

Wed, 3 Mar 2010 05:44:55 -0800

The state of Colorado recently passed two laws which apply to the direct marketing industry. Both laws went into effect on March 1, 2010. One of the laws applies particularly to out of state sellers who do not collect and remit Colorado sales tax.

Privacy/Security Service ControlScan Settles FTC Charges

Fri, 26 Feb 2010 11:31:19 -0800

The FTC settles another privacy-related case, this one against a provider of privacy and security seals for Web sites.

Proposed Dietary Supplement Bill Seeks to protect Consumers while placing Greater Burden on Manufacturers

Tue, 23 Feb 2010 08:44:21 -0800

Manufacturers, distributors and retailers of dietary supplements have become the target of new legislation proposed by Senator McCain and co-sponsored by Senator Dorgan. S.3002, The Dietary Supplement Safety Act of 2010, is currently pending before the United States Senate. The proposed legislation seeks to modify the Food, Drug, and Cosmetic Act and the Dietary Supplement Health and Education Act of 1994 ("DSHEA") on matters relating to safety.