In a long-awaited decision, the Federal Communications Commission (“FCC”) announced on October 30th that fax advertisements must include a detailed notice that describes the recipient’s right to opt out of receiving future fax ads—even if the recipient consented to receive the fax. But, in an unusual concession, the agency also announced that it would retroactively waive the opt-out notice requirement for companies that had petitioned
Read More FCC Gives Companies Six Months to Seek Retroactive Waiver of Fax Ad RuleFTC Publishes Revised Guides for Advertising Allowances and Other Merchandising Payments
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Recently, for the first time in 24 years, the Federal Trade Commission (“FTC”) published revisions to its guidelines on advertising allowances and other promotional payments and services, widely known as the Fred Meyer Guides (“Guides”). Originally published in 1969, the Guides explain Sections 2(d) and 2(e) of the Robinson-Patman Act, which require a seller that pays for or provides promotional allowances to customers to do…
Read More FTC Publishes Revised Guides for Advertising Allowances and Other Merchandising PaymentsTermination for Convenience Under the Uniform Commercial Code
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Between suppliers and manufacturers, planning for the termination of a supply agreement during its negotiation may seem counterintuitive, awkward, or perhaps insignificant. Termination discussions often take a back seat in the conference room where the negotiating energy is spent primarily on price, quality, and delivery terms. As one court observed, termination is typically “of little interest or concern to the parties” so long as they…
Read More Termination for Convenience Under the Uniform Commercial CodeNew Guidance on Providing Financial Services to Medical Marijuana Businesses
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Connecticut recently awarded licenses to four medical marijuana producers, marking the beginning of Connecticut’s legal medical marijuana industry. Although medical marijuana businesses are licensed and heavily regulated by the State of Connecticut,[1] they have had difficulty securing basic financial services due to ambiguities in federal policy. Financial institutions are wary of servicing such clients owing to the requirements of the Bank Secrecy Act and…
Read More New Guidance on Providing Financial Services to Medical Marijuana BusinessesSupreme Court Limits Removal of State Attorney General Actions to Federal Court
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Connecticut recently awarded licenses to four medical marijuana producers, marking the beginning of Connecticut’s legal medical marijuana industry. Although medical marijuana businesses are licensed and heavily regulated by the State of Connecticut,[1] they have had difficulty securing basic financial services due to ambiguities in federal policy. Financial institutions are wary of servicing such clients owing to the requirements of the Bank Secrecy Act and…
Read More Supreme Court Limits Removal of State Attorney General Actions to Federal CourtFederal Trade Commission Expands Requirements for Reporting Pharmaceutical Patent License Transactions
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Upcoming revisions to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”) will result in numerous additional pharmaceutical licensing transactions becoming subject to filing requirements under the HSR Act. On November 6, the U.S. Federal Trade Commission (the “FTC”) released the final version of amendments to be made to the HSR Act. The amendments will impact the analysis of whether parties to…
Read More Federal Trade Commission Expands Requirements for Reporting Pharmaceutical Patent License TransactionsBusiness Torts as Little FTC Act Claims: Does the Difference Really Make a Difference?
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Section 5(a)(1) of the Federal Trade Commission Act (the FTC Act), 15 U.S.C. § 45(a)(1), prohibits, among other offenses, “unfair or deceptive acts or practices.” Twenty-eight states have en-acted FTC Act analogues, which are commonly referred to as “Little FTC Acts.” See chart appended as Exhibit A.
Because these state statutes are based on the FTC Act, states have long looked to precedent under…
Read More Business Torts as Little FTC Act Claims: Does the Difference Really Make a Difference?The FTC’s Revised Green Guides
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On October 1, 2012, the Federal Trade Commission (FTC) issued final revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guidance). The FTC will publish the more than 300-page Green Guides in the Federal Register at 16 C.F.R. Part 260; you may review the text of the Guidance here and at the FTC’s website. Though the Guidance does not…
Read More The FTC’s Revised Green GuidesState Antitrust Law: A Trap for the Unwary
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The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’
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Reproduced with permission from Antitrust & Trade Regulation Report, 101 ATRR 408, 09/30/2011. Copyright _ 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.
I. Introduction
The authority of the Federal Trade Commission (‘‘FTC” or ‘‘the Commission”) to prohibit ‘‘unfair or deceptive acts or practices” dates back to the Wheeler-Lea Amendment to the FTC Act in 1938.[1]
Since then, federal and state courts…
Read More The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’