: Officials in Florida are urging a federal judge to dismiss UPSIDE Food's (UPSIDE) constitutional challenge to the state's cultivated meat ban, SB 1084 , arguing that the company's claim is vague and unsubstantiated. UPSIDE claims that the ban was enacted for discriminatory purposes in violation of the Dormant Commer Clause. The company's complaint cites to public comments made by Florida Governor Ron DeSantis and Florida Ag Commissioner Wilton Simpson that claimed the out-of-state cultivated meat industry threatens Florida's in-state conventional meat and agricultural industries. UPSIDE argues that these comments demonstrate Florida's sole intent in enacting the ban was to protect the state's cattle industry. While the court previously denied UPSIDE's motion for a preliminary injunction and rejected its claim that the Poultry Products Inspection Act preempted the law, as we reported last year , it allowed the company to proceed with its constitutional challenges to the law. Florida's SB 1084, the nation's fi[...]
: First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim lfair August 6, 2018 | 11:11AM First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim By Lesley Fair T he marketers behind a purported money-making promotion called Sellers Playbook appear to have skipped the chapter about complying with federal and state consumer protection laws. That’s the allegation in a complaint filed by the FTC and the Minnesota Attorney General . In addition, it’s the FTC’s first case charg ing violations of the Consumer Review Fairness Act. The roots of the allegations go back to another venture sued by the FTC earlier this year: FBA Stores, also known as Amazing Wealth System and Amazon Wealth Systems. The defendants in that case ran online ads and in-person workshops that claimed to reveal the secret s of making major money on Amazon. But few, if any, of the consumers who forked over thousands of dollars and implemented their “plug-and-play systems” earn ed the kind of c[...]
: Lights out on unsubstantiated pain relief claims and deceptive native advertising lfair June 25, 2020 | 3:00PM Lights out on unsubstantiated pain relief claims and deceptive native advertising By Lesley Fair For consumers struggling with severe or chronic pain, ads for a product called Willow Curve appeared to offer light at the end of the tunnel. But the FTC alleges the marketers made false and unsubstantiated claims for the product , a device that applied low-level light and mild heat to the site of pain – and set people back between $599 and $799 in the process. The proposed settlement also sheds light on the FTC’s ongoing concern with deceptive native advertising. The complaint names two Michigan companies, Physician’s Technology, LLC, and Willow Labs, LLC, and two individuals affiliated with both businesses, Dr. Ronald Shapiro and David Sutton. In ads on national TV, satellite radio, online, and in social media, the defendants claimed that for people suffering from rheumatoid arthritis, diabetic neuropa[...]
: FTC challenges Online Trading Academy’s money-making claims lfair February 12, 2020 | 4:35PM FTC challenges Online Trading Academy’s money-making claims By Lesley Fair Ads for health products often target Boomer Consumers, but those aren’t the only claims pitched to people looking toward retirement. An FTC action alleges a company called Online Trading Academy has taken in more than $370 million by gearing its deceptive representations to that demographic. In addition, the complaint alleges violations of the Consumer Review Fairness Act. According to the FTC, the California-based operation, related companies, and three individual defendants advertise a “patented strategy” that consumers can apply “to any asset class including stocks, options, futures and currencies” to rake in big money. They claim their “training programs” – with price tags as high as $50,000 – will teach consumers how to “invest like the pros on Wall Street.” ”No matter your experience and goals,” people were told the defendants’ “proven” [...]
: 7-Eleven, Inc. and its parent company, Seven & i Holdings Co., Ltd., (collectively 7-Eleven) will pay $4.5 million to settle a Federal Trade Commission lawsuit alleging that the convenience store chain violated a 2018 FTC consent order by acquiring a fuel outlet in St. Petersburg, Fla. without providing the Commission prior notice. The $4.5 million penalty marks the largest civil penalty ever collected in an FTC case involving a prior-notice violation. It is also the largest negotiated settlement of any order violation in the FTC Bureau of Competition’s history. “Under the Trump-Vance FTC, merger remedies that protect competition are once again on the table. But for merger remedies to work, firms must abide by the terms of their consent orders, and we will hold parties accountable when they don’t live up to their commitments,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “7-Eleven failed to fulfill the terms of the FTC’s consent order and is now paying a record price. The FTC will not h[...]