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Last week the U.S. Court of Appeals for the Second Circuit upheld a lower court ruling against an affiliate network for deceptively promoting the LeanSpa weight-loss supplement (FTC v. LeadClick Media, LLC). PMA member Richard Newman first alerted our members to this case last May when the U.S. District Court for the District of Connecticut initially held the network liable ( ...
… was liable under Section 5 of the FTC Act, and 2) whether the network was immune under Section 230 of the Communications Decency Act (CDA). Liability Under The FTC Act The FTC had to prove that 1) a representation, omission, or practice, 2) was likely to mislead consumers acting reasonably under the circumstances, and 3) the representation, omission…