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23 Mar 2024, 6:00 am
In determining “whether any advertising concerning a food or food product is false or misleading,” courts must also consider factors including—but not limited to—the following: “(a) subject matter; (b) visual content; (c) use of animated characters or child-oriented activities and incentives; (d) music or other audio content; (e) age of models; (f) presence of child celebrities or celebrities who appeal to children; (g) language; (h)… [read post]
22 Mar 2024, 12:45 pm
The statute declares that an advertisement about weight loss treatment “shall be considered false, deceptive, or misleading if it contains representations that: (a) Promise specific results; (b) Raise unreasonable expectations; (c) Claim rapid, dramatic, incredible, or safe weight loss; (d) State or suggest that diets or exercise are not required, or (e) Suggest that weight loss is effortless or magical. [read post]
22 Mar 2024, 12:00 pm
By Geoffrey D. [read post]
22 Mar 2024, 6:00 am
By Geoffrey D. [read post]
22 Mar 2024, 4:00 am
It consists of 12 further members, including Jennifer Bezaire, Chatelle Cseh, Darcy Romaine, Jacob Demstra, Jeremy Opolsky, John Adair, Rebecca Jones, Sunil Mathal, Suzanne Chiodo, Tamara D. [read post]
19 Mar 2024, 2:19 pm
(C) Both (A) and (B). [read post]
19 Mar 2024, 9:31 am
In cases of international litigation involving multiple jurisdictions, U.S. courts might be the preferred venue for resolving disputes due to: (a) the perceived fairness of the U.S. legal system; (b) the strategic advantages it may offer; (c) its broad discovery rules, which allow parties to obtain extensive information from opposing and third parties through depositions, interrogatories, and requests for documents to support their cases; (d) the ability to award… [read post]
19 Mar 2024, 1:46 am
The device was defined as comprising a) protruding parts, b) means for removing a material and c) a steering device. [read post]
18 Mar 2024, 7:37 am
Ask probing questions such as whether (A) they opened within the time frame specified in Item 11; (B) they received adequate training and pre-opening and post-opening support; (C) the technology, brand fund and other fees paid provide sufficient return of value; and (D) most importantly, they are making money! [read post]
18 Mar 2024, 6:00 am
Generally, the relationship has been judicially defined as a matter of “economic reality”—whether, based on the totality of the relationship, “the worker is economically dependent on the employer to work (thus, an employee) or is in a business for themselves (and is thus an independent contractor). [read post]
17 Mar 2024, 8:41 pm
§ 1367(a)(2), applied to detainees' travel documents and immigration proceedings, but such information was properly withheld pursuant to Exemptions 6 and 7(C); and (c) ICE properly relied on the deliberative process privilege to withhold internal discussions about logistics for removal flights; (d) ICE properly withheld an intelligence report, information on removal operations, and negotiations with a foreign government under Exemption 7(E); and (3) DHS failed to… [read post]
17 Mar 2024, 11:59 am
In order to establish indirect discrimination under section 19 Equality Act 2010, the claimant had to establish a) what the “provision, criterion or practice” was; b) that the PCP was applied to people who did not share the protected characteristic; c) that the PCP put persons who share the characteristic at a particular disadvantage in comparison; and d) the claimant was or would be put to that disadvantage. [read post]
13 Mar 2024, 7:24 pm
§ 156(d)(2)(B)(i) specifies the PTO must “determine if the applicant acted with due diligence during the applicable regulatory review period. [read post]
13 Mar 2024, 10:52 am
Breached a contract B. [read post]
12 Mar 2024, 2:40 pm
(…) The bottom line: As a matter of federal maritime law, choice-of-law provisions in maritime contracts are presumptively enforceable. [read post]
12 Mar 2024, 7:37 am
§ 14-3(b). [read post]
10 Mar 2024, 3:58 pm
Article 11.11 Non-Application of Dispute Settlement No Party shall have recourse to Chapter 12 (Dispute Settlement) for any matter arising under this chapter. [read post]
10 Mar 2024, 3:58 pm
Article 11.11 Non-Application of Dispute Settlement No Party shall have recourse to Chapter 12 (Dispute Settlement) for any matter arising under this chapter. [read post]
8 Mar 2024, 6:00 am
By Geoffrey D. [read post]
7 Mar 2024, 8:29 pm
Sections 738(d)(2)(A) and (e)(2)(A) of the FD&C Act define a “small business” as an entity that reported $100 million or less of gross receipts or sales in its most recent income tax return. [read post]
