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Restaurant/Food Services

Hot Topics in Advertising Law for 2013

January 16, 2013

With 2013 now officially underway, I am highlighting some hot topics in advertising law. We will continue to see developments in these areas, whether judicial or legislative in nature. The most proactive step a brand can take to avoid legal risk is to allocate some of its crisis budget to audit its advertising and marketing practices early in the year.

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Legal Concerns in Designing Restaurant Menus

August 22, 2012

Many states regulate offering specific foods in restaurants. There is little consistency from state to state, resulting in a morass of legal regulations that affects restaurants’ menu options.

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Sugary Soda Ban in NYC: Rational but Unreasonable

June 12, 2012

I rarely feel compelled to give my opinion publicly, but this one has me fuming. Mayor Bloomberg of New York City wants to ban supersized soda and sugary beverages sold at restaurants, delis, food carts, movie theaters, and arenas. The ban would apply to any container holding more than 16 ounces, and if passed by the NYC’s Board of Health, could go into effect as early as March, 2013. Violators would face fines.

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Marketing Promoting Products’ Health Benefits Needs Annual Checkup

June 5, 2012

For marketers of health foods and food-derived products, supplements, nutraceutical products, and weight loss products, these are dangerous times. Many of these marketers tout their products’ health benefits in advertising. In the past two years, however, we have seen and increase in challenges to such advertising from the Federal Trade Commission (FTC), state Attorneys-General, class action lawsuits, and watchdog group and industry lawsuits.

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Branding on Pinterest: How to Avoid Legal Liability

March 6, 2012

Last week, I suggested in my post that unless Pinterest addresses the legal issues inherent in its business model more responsibly, it cannot reach maturity as a social media website. I suspect that over time, we may see Pinterest evolve, but how can brands establish themselves on Pinterest in its current format with its existing terms and conditions? Below are some steps to take in developing a Pinterest branding strategy that minimizes legal risk.

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Pinterest’s Predicament: Legal Issues Prevent Social Media Maturity

February 28, 2012

Last week, Pinterest’s blog said that it was growing up.  The blog stated, “we…know that copyright is a complicated and nuanced issue and we have knowledgeable people who are providing lots of guidance.” It next offered an opt out system by which website owners could embed code to prevent their content from being pinned.

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