Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!news.media.mit.edu!americast.com!americast.com!usa-post Newsgroups: usa-today.law From: usa-post@AmeriCast.Com Organization: American Cybercasting Approved: usa-post@AmeriCast.com Subject: law Mon, Jun 15 1992 Date: Mon, 15 Jun 92 05:41:48 EDT Message-ID: 06-15 0000 DECISIONLINE: Business Law USA TODAY Update June 15, 1992 Source: USA TODAY:Gannett National Information Network ADS MUST MEET STANDARDS: Commercial weight loss programs will soon have to back up advertising claims with hard data to meet new Federal Trade Commission ad standards. Barry Cutler of the FTC says if a program says, for example, that once the weight is off you'll be able to keep it off, they'll have to prove it. Critics say too many diet ads base their claims on anecdotes, not scientific studies. STANDARDS WILL BE SIMILAR: Forthcoming standards for claims made by commercial weight loss programs in their ads will be similar to those for medically supervised liquid diets, says Barry Cutler of the Federal Trade Commission. The FTC has told Optifast, Medifast and Ultrafast to stop advertising about safety and long-term success unless claims could be proved, and make clear that many people regain weight. LEGAL SHOWDOWN SEEN: A legal showdown over who is responsible for repetitive stress injuries to workers may result in payments moving beyond workers' compensation. Forty-four lawsuits against computer keyboard makers have been consolidated by U.S. District Judge Jack Weinstein of New York. The main issue is whether design flaws in keyboards are responsible for hand injuries suffered by computer users. (For more, see special RSI package below.) LAWSUIT FILED AGAINST PROTOCOL: A lawsuit has been filed in the U.S. District Court for the District of Oregon against Protocol Systems Inc., the firm said Friday. The lawsuit alleges Protocol violated the federal securities laws and other laws in connection with Protocol Systems' public stock offering and the subsequent release of information to the public. Protocol markets patient monitoring instruments. SEMICONDUCTOR DISPUTE CONTINUES: The Semiconductor Industry Association says non-Japanese companies' first-quarter share of the semiconductor market in Japan was 14.6%, well below the 20% target set in a 1991 trade pact. U.S. Trade Representative Carla Hills says the report shows virtually no progress but adds that a recent agreement shows Japanese and U.S. industries are willing to work together to improve that. AUTOMAKERS AGREE ON CONTENT: U.S. automakers have agreed on a 65% North American content requirement for duty-free car imports, General Motors Chairman Robert Stempel says, removing a stumbling block in North American Free Trade agreement talks. The 65% figure is a compromise for the Big Three: Chrysler and Ford wanted 70%, while GM was lobbying for 60%. DIGITAL GAINS INJUNCTION: Digital Equipment Corp. said Friday an injunction has gone into effect barring Micro Technology Inc. from distributing, selling or offering for sale in Germany SDI:STI products that infringe a Digital patent. The patent involved is for the SDI:STI encoder:decoder and is the first of four patents that Digital has asserted in an infringement action in Hamburg, Germany. RECORD STORES MUST GO TO COURT: A judge ruled Friday that four Omaha, Neb., record stores accused of selling 2 Live Crew's album "Sports Weekend" to minors will stand trial next month on misdemeanor obscenity charges. A lawyer for two of the stores says he plans to introduce last month's federal appeals court ruling that a Florida judge was wrong in ruling a previous album by the group was obscene. RAVENSWOOD DISPUTE SETTLED: Members of United Steelworkers union Local 5668 voted overwhelmingly in favor of a new three-year contract with Ravenswood Aluminum Corp., ending a 19-month labor dispute. The 1,700 steelworkers, who have been off the job since Nov. 1, 1990 when their contract expired, are to return to work June 29. They will receive $2,000 each in back pay. NEGOTIATIONS TO CONTINUE: Two days of deliberations between striking Teamsters and the Pittsburgh Press Co. ended Friday with no agreement but some movement, according to a federal mediator. The sides plan to resume negotiations in Washington Wednesday, said Bernard DeLury, director of the Federal Mediation and Conciliation Service. A strike by newspaper delivery drivers and their supervisors began May 17. SPECIAL PACKAGE ON RSI: BIG JURY AWARDS COULD FOLLOW: A flood of big jury awards could result from the consolidation of 44 lawsuits against computer keyboard makers over repetitive stress injuries. Until now, most payments have been limited to benefits under state workers-compensation laws. But, "Workers comp does not pay you for your pain and suffering," says Frank Vandall, Emory University law professor. COMPUTER MAKERS TARGETED: AT&T, Apple Computer, IBM, Northern Telecom and other technology companies are among the computer makers named in 44 lawsuits consolidated by U.S. District Judge Jack Weinstein. Dozens or even hundreds more lawsuits are expected to be filed in a centralized judicial investigation of carpal-tunnel syndrome and related injuries caused by repetitive hand motions. KNOWLEDGE OF RISKS IN QUESTION: Lawyers in the consolidated case against computer makers plan to ask what computer makers knew about risks of repetitive stress injuries and when they knew it. Steven Phillips, a New York lawyer who represents 37 plaintiffs, contends the companies ignored evidence of design flaws. One defense the firms may use is to say people caused their own problems with bad posture, experts say. (End of package.) Business Law Editor: Jason P. Smith. (919-855-3491) Making copies of USA TODAY Update (Copyright, 1992) for further distribution violates federal law. This article is copyright 1992 Gannett News Service. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM