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WASHINGTON, D.C.
October 2009
SPECIAL ALERT
Refunds Issued for Baby Einstein Purchases
According to recent press reports, Walt Disney Studios Home Entertainment is offering consumers who purchased Baby Einstein videos between June 2004 and September 2009 a refund of $15.99, or else the option to exchange the video for another product. The offer comes after a study done by researchers at Washington University, who reported that babies who watch the videos learn fewer words than children who do not watch the videos. The Campaign for a Commercial-Free Childhood filed a complaint with the FTC in 2006, and also threatened that it would bring a class action lawsuit for false advertising, based on claims the company had made (but has since stopped) making that the videos were educational. While Disney is not admitting that the claims are false, it has decided to resolve the issue by offering the refund.
TIP: If making product efficacy claims, make sure to review the substantiation for those claims carefully. In addition, take into account any counter-studies that might be used against you by consumer advocacy groups, especially when advertising to “special” markets like children.
| If you have any questions concerning this Advertising & Promotion Law News Special Alert, please contact one of the following attorneys: | |||||
| Chicago | Los Angeles | Paris | |||
| Monique N. Bhargava | 312-558-3732 | David L. Aronoff | 213-615-1866 | Nathalie Hadjadj-Cazier | 33 (0) 1 53 64 81 50 |
| Stephen P. Durchslag | 312-558-5288 | Steven D. Atlee | 213-615-1827 | ||
| Brian D. Fergemann | 312-558-8024 | San Francisco | |||
| Jason W. Gordon | 312-558-6145 | New York | David S. Bloch | 415-591-1452 | |
| Brian L. Heidelberger | 312-558-5897 | Michael S. Elkin | 212-294-6745 | Andrew P. Bridges | 415-591-1482 |
| Robert H. Newman | 312-558-8125 | Thomas P. Lane | 212-294-6869 | Kimberly A. Eckhart | 415-591-6805 |
| Mary Hutchings Reed | 312-558-5721 | Michael J. Friedman | 212-294-2608 | Jennifer A. Golinveaux | 415-591-1506 |
| Ronald Y. Rothstein | 312-558-7464 | Joe DiBenedetto | 212-294-6709 | ||
| Liisa M. Thomas | 312-558-6149 | H. Joseph Mello | 212-294-6736 | Washington, D.C. | |
| Marc H. Trachtenberg | 312-558-7964 | Virginia R. Richard | 212-294-4639 | Michael L. Sibarium | 202-282-5702 |
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