Friday, January 26, 2007

Baby Einstein and Substantiation of Marketing Claims

Rebecca Tushnet has posted an interesting piece on the FTC's involvement with false advertising claims. The FTC has the power to act in many cases where the public does not have standing to sue under the Lanham Act, and where there is no incentive for a competitor to bring suit. One angle not explored is state unfair competition and decptive practices law. Comparative advertising and substantiation of claims came up at the INTA Roundtable last week, but FTC involvement was not discussed.

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