A New Jersey-based company, Aromaflage, and its owners have agreed to settle charges brought by the Federal Trade Commission (FTC) regarding the company’s sale of sprays and candles that claim to be insect-repelling. According to the complaint, the company made false or unsubstantiated insect repellency claims, false establishment claims, and deceptive endorsement claims, and deceptively failed to disclose material connections with endorsers.
Sarah L. Bruno
Sarah Bruno is a partner in the Arent Fox Intellectual Property practice and leads the firm's Privacy, Cybersecurity & Data Protection group. Sarah works with her clients on their privacy and data security, advertising, trademark, and copyright issues. Her clients are in a variety of industries, including technology, entertainment, retail, and automotive. Sarah’s practice has been recognized by Legal 500 and the Daily Journal.
Sarah counsels in all areas of data security and privacy and routinely evaluates and advises on the applicable state, federal and international requirements related to data collection, storage, use and transfer. She advises her clients on issues related to behavioral tracking, anonymized data, in-store data collection and cloud storage. Sarah also conducts privacy audits and works with her clients on developing internal and external privacy policies for employees, customers and contractors. Many of Sarah’s clients are international, and she routinely advises on the data transfer issues in countries around the world. Sarah is IAPP CIPP-US certified.
Sarah’s advertising and marketing experience includes reviewing advertisements and claims, advising on unfair and deceptive trade practices, and counseling clients on compliance issues relating to the Federal Trade Commission and the National Advertising Division (NAD) of the Better Business Bureau, as well as state and other regulatory laws. In this capacity, Sarah has advised companies on print advertisements, product placement and media agreements, clearing television commercials, endorsements, credit card processing requirements, and challenging and defending advertisements at NAD.
As part of the intellectual property group, Sarah has a great deal of experience in policing and enforcing client’s trademarks, copyrights, and publicity rights. Sarah manages the intellectual property enforcement and outreach for several trade associations, including the Motor & Equipment Manufacturers Association (MEMA) and the International Association of Amusement Parks & Attractions (IAAPA). Her work in this area involves conducting educational seminars, counseling members on intellectual property, as well assisting members with the enforcement of their rights at trade shows around the world. Sarah is also one of the primary attorneys responsible for protecting the name, persona, and trademark rights of Dr. Albert Einstein on a global level. As part of this work, Sarah has been involved in international and domestic litigation and settlement negotiations, domain acquisition, and retrieval and TTAB disputes.
Sarah has experience with issues related to counterfeiting and gray market goods. She routinely has meetings on Capitol Hill and the White House regarding enforcement strategies for combating counterfeiting.
Sarah also assists clients in developing, implementing, and administering all aspects of promotions, including auctions, contests, and sweepstakes. She drafts promotion rules to protect clients’ interests and reviews advertisements such as direct mail, websites, and banner advertisements related to the promotion. Sarah is also a member of the Promotion Marketing Association, Inc., and has attended numerous conferences related to advertising, promotions, and incentive programs.
Sarah represents a variety of clients, from Fortune 500 companies to smaller businesses that are just getting started. Some of Sarah’s more well-known clients are Mars Incorporated, DIRECTV, Lacoste, Benefit Cosmetics, Diesel, Dropbox, LG Electronics, American Express, IAAPA, Discovery Communications, and Sony Computer Entertainment.
See Sarah's full bio here.
Blog Posts by Sarah L. Bruno
The Federal Trade Commission recently reached a settlement agreement over charges against an online marketing operation accused of deceptively luring consumers into expensive subscriptions by offering “free trials” of teeth-whiteners and related products. According to FTC, the defendants obtained consumers’ billing information under the pretense of a nominal fee before unexpectedly charging them up to $200 per month. The order imposes a judgment of over $92 million on the defendants and bans them from engaging in negative option sales in the future.
Negative option marketing refers to the practice of billing a consumer on a periodic, recurring basis for a product or service until the consumer affirmatively opts out of the subscription. While negative option marketing is legal when conducted appropriately, regulators are willing to pursue companies that abuse this practice.
Got blockchain? For many, the answer to this question is “no” but the technology and the medium of exchange built on it have arrived and many platforms and industries are looking to see how it can help facilitate transactions and allow for more efficiencies. Enter cryptocurrency, which relies upon blockchain technology, and is a secure, non-cash digital currency that is being considered in many industries as a form of payment or exchange for value. And, as often the case with newly implemented and much hyped technology, especially one that facilitates a financial transaction, the Federal Trade Commission is now paying attention.
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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.