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Made in the USA?

Although we seem to be surrounded by products stamped with "Made in China," many Americans believe that products made in the United States are of higher quality. Additionally, a 2017 survey by Reuters found that nearly 7 in 10 respondents thought it was important to buy American-made, with over 20% of respondents indicating they would be willing to pay up to 10% more for those products. These figures may be even higher now due to the current administration's "America First" policy and goal to increase American manufacturing. As such, it is no surprise that companies want to...

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Stolen on Kickstarter

Many inventors turn to funding platforms such as Kickstarter and Indiegogo to get backing for their patent-pending products. While hundreds of thousands of innovative products have come to life with the support of crowdfunding sites, making it such an attractive option for cash-strapped inventors, there are those who have become victims of fast-acting counterfeit and knockoff artists. Steve Suddell, inventor of the "Neck Hammock," raised just over $200k on Kickstarter. He was on cloud nine - for about a minute. A week later, he began receiving angry emails from backers stating that his product was being sold...

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Inventors beware: invention promoters may not be out to “help” you

Unless you are a caveman, you have most likely seen InventHelp's commercials featuring celebrities such as George Foreman encouraging amateur inventors to call his friends at InventHelp. You know the pitch: "Do you have an idea for a new product or invention? How do I get my idea in front of companies? How do I get a patent?" For answers to these questions, you should call an intellectual property lawyer - not some paid celebrity's "friends" at an invention promotion company. Though not all are bad actors, many invention promotion companies (and consultants) have been...

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What a bunch of turkeys!

Impulse-buying millennials spent approximately $482 million on counterfeit products last year on Black Friday. This year, the trend is set to continue as it is predicted that one-in-four will purchase counterfeit items due to the buyer's inability to spot counterfeiters and the marketplace's laissez-faire attitude toward counterfeit sellers online. Considering that this year's online holiday spending is predicted to exceed $124 billion from November - December (with over $23 billion from Thanksgiving to Cyber Monday alone!), it is imperative that buyers beware, and that product marketers actively police their online listings; lest their sales and reputations get gobbled up by...

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That Bites: “Aromaflage” Owner Settles False Advertising Claims

On May 3, 2018, the Federal Trade Commission (FTC) announced that Mikey & Momo, Inc., owner of "Aromaflage" perfumes and scented candles, agreed to settle charges that it used deceptive claims to sell its alleged mosquito-repelling products. According the FTC, the products, marketed as "fragrance with function," lack any scientific evidence to support their insect-repellant claims. According to their marketing materials, the elegantly packaged products sold by several retailers including Dillard's, Overstock.com and Anthropologie, were "tested in the rice paddies of Southeast Asia as well as the finest locations in the Caribbean, Hamptons, and cottage country in the peak...

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‘BOGO’ Refunds Commence in Allstar’s Snuggie Settlement

On March 12, the Federal Trade Commission (FTC) began mailing refund checks totaling some $7.2 million to more than 218,000 consumers who purchased products from Allstar Marketing Group LLC that included an offer for a free product in connection with those purchases. The refunds, averaging $33 per consumer, are a result of an investigation by the New York State Office of the Attorney General and a subsequent 2015 settlement with the FTC. Allstar is alleged to have violated multiple consumer protection laws by its deceptive advertising practices involving products including, among others: Snuggie, Perfect Bacon Bowl, Magic Mesh Door, Perfect Brownie...

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Cryptocurrency: Too Risky – or a Strategy for DR Survival?

Cryptocurrency – such as Bitcoin – is volatile, easily hacked, plagued with fraud issues, and has even been compared to Ponzi schemes. Sounds great, right? Well, regardless of the risks and challenges involved, it continues to take the world by storm, with major companies – possibly including Amazon – getting involved in the exchange. With so many companies trending toward accepting cryptocurrency, it may be necessary for direct response and other performance-based marketers to get in the game. Many heavy hitters believe that cryptocurrency is the cash of the future, including Shark Tank’s Mark Cuban and Robert Herjavec. While Herjavec is...

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Feeling Frosty?

For much of the country, the new year brought in winter storm warnings and bitter cold temperatures.  However, the arctic blast has nothing on the seemingly chilly relationship between a couple of cereal giants; bestowing one last holiday surprise upon consumers. After speculation that it may be a ruse, on December 29th, General Mills officially announced the launch of its latest cereal, Lucky Charms Frosted Flakes.  Sugary cereal lovers everywhere rejoiced on social media as the news spread and the cereal began appearing on supermarket shelves.  Two classic childhood cereals combined...

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Advertising in a World of PC Police

It seems like every time you turn on the news these days, another company is being accused of racist or sexist advertising material.  Are companies and ad agencies really being that insensitive, or have we, as a society, become a bit thin-skinned; looking to make anything, no matter how trivial, a matter of discrimination?  Either way, in addition to the numerous governmental regulations that product distributors and marketers have to abide by when advertising and labeling a product, the feelings of eggshell consumers are now likely another box that needs to be checked. The Kellogg Company was the latest brand to...

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