Leave Cherry Picking to Cherry Farms: Regulators Revive Lawsuit Challenging Data Used to Support Memory Improvement Claims
Three things to remember when making claims: always ensure that you have the appropriate substantiation – we forget the other two. Last week, the Second Circuit issued an order vacating the Southern District of New York's dismissal of an FTC complaint alleging that Quincy Bioscience falsely advertised a memory supplement, known as Prevagen.
Amazon's New "Project Zero" – A Way for Brand Owners to Curb Counterfeits
Amazon has just announced Project Zero to potentially assist brand owners in combating counterfeit goods by removing products likely to be fake from the online retailer's platform. Project Zero would allow brand owners to designate product listings for removal, instead of undergoing Amazon's prior reporting and removal process, which required brand owners to report counterfeit products to an internal Amazon team for investigation prior to removal. So far, Amazon has tested the Project Zero pilot program with several brands over the past few months, but will now open up Project Zero to additional companies through an invitation process. Amazon hopes that eventually all brand owners will be able to join the program.
Ninth Circuit Ruling Bolsters ADA Website Accessibility Suits
The Ninth Circuit's recent ruling in Robles v. Domino's Pizza, LLC provides yet another boon to plaintiffs across the country claiming that company websites may violate the Americans with Disabilities Act (ADA) unless they make specific accommodations to consumers who have visual, auditory, or other disabilities. While such litigation was already rapidly proliferating nationwide, Robles becomes one of the few federal appeals court decisions to specifically address website accessibility. It will undoubtedly shape future accessibility lawsuits, both in and outside of the Ninth Circuit, in several key respects.