Contact Attorney Richard Keyt: 480-664-7478|rk@keytlaw.com

New FTC Ad Rule Creates “Target Rich Environment”

NutriSupLaw:  “David Vladeck, Director of the Federal Trade Commission Bureau of Consumer Protection said that the FTC’s new Guides Concerning the Use of Endorsements and Testimonials in Advertising creates a “target rich enviornment” in which they intend to pursue violators using all the resources at their disposal.  And when the 1000+ enforcement personnel at the FTC run out, FTC plans to call on the state attorneys’ general. When the AG’s are too busy, Vladeck says that they will do as the FDA does and publish warning letters on the internet in order to ‘bully companies into compliance.'”

Despite the backpeddling FTC has done in the media recently, Vladeck made it clear that he will enforce Section 5 of the Federal Trade Commission Act and the endorsement guides. It was as if Vladeck was drawing imaginary targets on foreheads around the room…

Tax Rates Must Increase to 92% to Erase Deficit

The Tax Foundation’s study estimates that to eliminate the federal deficit, tax rates for couples filing joint returns in 2010 must more than double.  The following list shows income levels, current marginal tax rates and the increased marginal tax rates needed to erase the deficit.

$0 to $16,750 increase from 10% to 27.2%
$16,751 to $68,000 increase from 15% to 40.8%
$68,001 to $137,300 increase from 25% to 68.0%
$137,301 to $209,200 increase from 28% to 76.2%
$209,201 to $373,600 increase from 33% to 89.8%
$373,601 and over increase from35% to 95.2%

Court Gives Adware Maker WhenU Green Light

Cnet News:  “A federal appeals court overturned a ruling against adware maker WhenU that held it violated the trademarks of vision specialist 1-800-Contacts in the sale and distribution of pop-up advertising.  The ruling, delivered Monday by the 2nd U.S. Court of Appeals, reversed an earlier decision that confined WhenU from selling pop-ups triggered by 1-800-Contacts’ trademarks, in violation of the Lanham Act, the U.S. trademark act.”

We hold that, as a matter of law, WhenU does not ‘use’ 1-800’s trademarks within the meaning of the Lanham Act when it includes 1-800’s Web site address in an unpublished directory of terms that trigger delivery of WhenU’s (ads) to computer users,” according to the ruling.

13 New Tax Hikes in House Obamacare Bill

Washington Times:  “Here’s the list of tax hikes included in H.R. 3962, the revised House version of Obamacare, otherwise known as ‘The Affordable Health Care for America Act.’  The text of this bill runs to 1,990 pages, all of which can be read here in pdf format.”

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