Sometimes we just like to share things with our readers because they make us laugh.  Belly laughs out loud.  It has been some time since we shared an ad with you where we had to warn you to shut your door before you watched (last one was probably Dollar Shave or DirectTV) but here you go:

But since we are a law blog and not just a blog of funny things, we should include some lessons here. And so this ad makes us think about learning claims.  Programs that purport to help children or adults learn new or better skills have long been an enforcement focus.  They may not rise to the priority level of health or weight loss claims but have been on the regulatory radar screen for many years.  Back in the 1990s, the FTC brought cases against Zygon’s Learning Machine and Gateway Learning’s Hooked on Phonics with settlements requiring competent and reliable scientific evidence to support claims that a product will teach a particular skill such as reading or learning a foreign language.  The Center for Commercial Free Childhood has been very active in suggesting cases to the FTC to review.  And while there is no guarantee such complaints result in an investigation, they often will. 
Continue Reading What Are We Thinking About? Learning Claims!

BoyScout PhotoThe Boy Scouts of America failed to get their compliance badge from CARU earlier this month after the BSA ran a sweepstakes ad that lacked the appropriate odds of winning disclosures.  The BSA’s Boy’s Life Magazine failed to include the “Many Will Enter, Five Will Win” odds statement in the magazine’s ad announcing the

The Clock Is Ticking – Is COPPA Compliance a “Mission Impossible”?

On July 1, 2013, sweeping new regulations for marketing to children take effect. In updating the Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission (FTC) has extended its reach to new businesses and new information.

In this upcoming session presented by

From a marketing standpoint companies always want to know who the target audience is for the advertising, but sometimes it becomes important from a legal standpoint as well.  In some instances arguments regarding the target audience can be helpful.  Claims are usually interpreted with regard to the “reasonable consumer” but in some instances claims that