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Full-Text Articles in Marketing Law

Dietary Supplement Labeling: Cognitive Biases, Market Manipulation & Consumer Choice, Michael Mccann Jan 2014

Dietary Supplement Labeling: Cognitive Biases, Market Manipulation & Consumer Choice, Michael Mccann

Law Faculty Scholarship

There exists increasing concern that the Dietary Supplements Health and Education Act (DSHEA) has proven ineffective. Much of the concern regards the disparity in legislative treatment between dietary supplements, foods, and pharmaceutical drugs. Namely, while pharmaceutical drugs must undergo years of costly pre-market testing, most supplements, like foods, can immediately enter the market, and only after repeated instances of adverse reactions can the Food and Drug Administration (FDA) remove them. Such a framework appears to belie both consumer expectations and marketing strategies, as supplements tend to be most perceived for their apparent medicinal qualities. This philosophy of waiting for a …


Now You See It, Now You Don’T . . . Or Do You?: Snapchat’S Deceptive Promotion Of Vanishing Messages Violates Federal Trade Commission Regulations, 30 J. Marshall J. Info. Tech. & Privacy L. 827 (2014), Danielle Young Jan 2014

Now You See It, Now You Don’T . . . Or Do You?: Snapchat’S Deceptive Promotion Of Vanishing Messages Violates Federal Trade Commission Regulations, 30 J. Marshall J. Info. Tech. & Privacy L. 827 (2014), Danielle Young

UIC John Marshall Journal of Information Technology & Privacy Law

This Comment will explore the recently popular application Snapchat, and discuss the ways in which the app's privacy policy has violated FTC regulations, responding to a recent complaint filed by The Electronic Privacy Center. Particularly, this Comment will focus on Snapchat's deceptive promotion of "disappearing" photographs and videos. Section II will illustrate the basic structure of Snapchat, detailing various illustrations of its use. Section II will also examine the regulations set forth by the FTC that Snapchat is required to follow. Section III will discuss possible methods that the average user can do in order to bypass the very thing …


Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato Jan 2014

Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato

UIC John Marshall Journal of Information Technology & Privacy Law

On December 15th, 2010, the Government of Canada agreed to Bill C-28, the Fighting Internet and Wireless Spam Act, with the intent to “deter the most damaging and deceptive forms of spam… from occurring in Canada and to help to drive out spammers.” Canada‟s Anti- Spam Legislation (“CASL”) was born. Although CASL has only been in force since July 1st, 2014, we argue that the Act may not survive constitutional scrutiny as it unduly restricts freedom of speech.


The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown Dec 2013

The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown

Seattle Journal for Social Justice

No abstract provided.


The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore Nov 2013

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore Nov 2013

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.


Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan Nov 2013

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.


Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young Nov 2013

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.


Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber Nov 2013

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.


Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi Nov 2013

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.


About The Authors Nov 2013

About The Authors

Seattle Journal for Social Justice

No abstract provided.


Table Of Contents Nov 2013

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


Introduction, Jacqueline Mcmurtrie Nov 2013

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.


Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson Nov 2013

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.


Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz Nov 2013

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.


Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman Nov 2013

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.


Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns Nov 2013

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.


Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins Nov 2013

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.


Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee Nov 2013

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong May 2013

United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong

Journal of Food Law & Policy

Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …


Locally Grown Food: Examining The Ambiguity Of The Term 'Local' In Food Marketing, Brad Rose May 2013

Locally Grown Food: Examining The Ambiguity Of The Term 'Local' In Food Marketing, Brad Rose

Journal of Food Law & Policy

Locally grown food products are becoming increasingly popular among consumers. In response, many food retailers are devoting more space to locally grown products. The locally grown label is part of a marketing strategy designed to take advantage of consumer desires for fresh and safe products that support local farmers and help the environment. Many consumers believe that locally grown food is "fresher, has fewer chemicals, and comes from smaller, less corporate farms.' This increased demand from consumers has led to an "explosion of the use of the word 'local' in food marketing." However, there is no single definition of "local" …


Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn Feb 2013

Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn

Pepperdine Law Review

The Federal Trade Commission, as recently as 1980, has issued Guides designed to prevent deception of consumers due to misleading product endorsement advertising by celebrities and others. The new Guides indicate that the FTC intends to continue its recent trend offending advertisers and even endorsers liable for deceptive endorsement practices. However, a critical analysis of the Guides, in light of marketplace realities and consumer needs, raises serious question as to whether they are likely to promote accurate endorsement advertising. This comment will explore pre-1980 regulations and trace the progression of controls through the advent of the FTC Guides. The Guides …


Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte Jan 2013

Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte

UIC Review of Intellectual Property Law

Technology provides consumers with new ways to avoid advertisements, such as fast forwarding through TV commercials and using filtering software to block pop-up ads. Accordingly brand sponsors and their advertising marketing firms have sought alternative methods to pierce through consumer resistance to ads. Social media offers an optimal platform to reach millions of consumers on a nearly daily basis who interact and often rely heavily on the reviews and rankings of fellow consumers. However, many of today’s branding campaigns now mask sponsored ads as ordinary consumer reviews or “Like” and “Don’t Like” responses to a service or product. Unbeknownst to …


A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne Jan 2013

A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne

Journal of Business & Technology Law

No abstract provided.


Eco-Labeling: An Argument For Regulation And Reform, Lauren Sherman May 2012

Eco-Labeling: An Argument For Regulation And Reform, Lauren Sherman

Pomona Senior Theses

This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and …


Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy Feb 2012

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …


Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg Jan 2012

Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg

UIC John Marshall Journal of Information Technology & Privacy Law

Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …


Greenwashing The Organic Label: Abusive Green Marketing In An Increasingly Eco-Friendly Marketplace, Greg Northen May 2011

Greenwashing The Organic Label: Abusive Green Marketing In An Increasingly Eco-Friendly Marketplace, Greg Northen

Journal of Food Law & Policy

The green wave of environmental advertising among organic food producers, distributors, and retailers begun during the 1990s has become an all-out green tsunami. The organic food market is the fastest growing segment of the American food industry. Consumers are increasingly becoming aware of the impact their purchases have on several environmental issues. As a result, those consumers are becoming more aware of their spending power and are willingly altering their buying practices to purchase from companies that emphasize environmental responsibility. In fact, some retailers' inventory is already being scanned for alternative green products by their customers' iPhones because, guess what, …


United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson May 2011

United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson

Journal of Food Law & Policy

The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …