In the Courts

Email Cases in Brief
The Free Speech Coalition ended its four year legal battle against Utah’s child email registry law by declaring victory – as the law has proven a financial disaster for both Michigan and Utah and no state has joined their ranks in the intreim – and dismissing its complaint.  See Direct Magazine article.

A California appeals court held that the Song-Beverly Credit Card Act was not preempted by the CAN-SPAM Act.  In Powers v. Pottery Barn, the court reversed a dismissal finding that Song-Beverly had nothing to do with the regulation of email and was outside the scope of CAN-SPAM’s preemption.

FDA Goes After Deceptive Labeling
A revived Food and Drug Administration (FDA) has announced it is invelard2stigating the use of deceptive food labels that create an impression a food product is healthier than it really is.  The FDA is using increased funding to reverse what Commissioner Hamburg described as “a steep decline in enforcement” that resulted in “serious violations have gone unaddressed for far too long. These include violations involving product quality, adulteration, and misbranding; false, misleading, or otherwise unlawful labeling; and misleading advertising.”  More info:  Reuters article on enforcement effort.

Toyota Terror Campaign Triggers Lawsuit

A Saatchi and Saatchi campaign for Toyota’s Matrix using “Punk’d” marketing methods that involved repeated email messages that led the recipient to believe they were being stalked by a violent British man has yielded a $10 million lawsuit against the agency and its client.  Not exactly the viral effect they were hoping for. See AdAge and Canadian Business articles.