Case Study: FOOD INDUSTRY

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1 Case Study: FOOD INDUSTRY NAVIGATING THE LITIGIOUS LANDSCAPE OF A HIGHLY REGULATED INDUSTRY, GLOBAL FOOD VENDOR TURNS TO PAGEFREEZER FOR COURT- READY ARCHIVES THAT MAKE LEGAL BATTLES EASIER.

2 Case Study: FOOD INDUSTRY Contents p-2 Contents Disclaimer This document was created to provide information about a specific issue. This document does not take a position on any specific course of action or proposal. Every effort has been made to present accurate and reliable information; however, PageFreezer assumes no responsibility for consequences resulting from the use of the information herein.

3 Case Study: FOOD INDUSTRY Client Profile p-3 01 Client Profile TARGETED BY THE FTC FOR ITS ONLINE MARKETING CAMPAIGNS AND OTHER ADS, THE GLOBAL VENDOR OF POMEGRANATE PRODUCTS SEARCHED FOR A RETENTION THAT WOULD CAPTURE AND PRESERVE WEB CONTENT FOR USE IN COURT. Founded in 2002, the company is headquartered in Los Angeles and is a global provider of fruit-based products, known for touting the health benefits of the fruit in marketing campaigns. Enjoyed by a lareg dedicated customer base, the company has also been the center of controversy due to the bold health claimes attached to the products. The company cites its own sponsored studies as evidence to back its claims. The result was a two-year legal back-andforth, with the companies marketing materials at the center of the debate. Many of these ads were online, causing web history to rise in legal importance. The company needed a strategy for capturing its online content and storing the records for future use in court. Ideally, the archiving solution would reduce the time and cost associated with legal battles by making the web records easy to locate and search. LEGAL For over several years, the company has been locked in legal battles with the Federal Trade Commission (FTC) over the company s advertising campaigns that promote the health benefits of its fruit products. The FTC brought administrative action against the company, saying the ad campaigns violated new and stricter standards for health-related claims. The company filed suit, saying the FTC was overreaching its authority by modifying advertising standards without going through an administrative process.

4 Case Study: FOOD INDUSTRY The PageFreezer Solution p-4 02 The PageFreezer Solution TO MAKE LEGAL BATTLES EASIER, PAGEFREEZER S DAILY AUTOMATIC ARCHIVING CAPTURES ONLINE CONTENT AND MARKS IT WITH A DIGITAL TIMESTAMP AND SIGNATURE, ENSURING THAT THE WEB RECORDS ARE ADMISSIBLE, REPLAYABLE AND SEARCHABLE. The company now uses PageFreezer s powerful archiving technology to take daily automatic snapshots of the company website, ensuring that any changes to the content are captured and stored in the cloud. The files are retained in their native format, so even complex ads with audio and video elements can be replayed as if they were live. This is essential for cases in which the majority of disputes involve the web content itself. Archiving ensures that every company can prove exactly who said what online, and when -- a necessity for legal cases. files is promptly provided upon any request for data export. RETURN ON INVESTMENT PageFreezer s archiving solutions allowed the company to proceed with legal actions as efficiently as possible. Because the files are stored in native format, with three options for data export, the legal team can quickly obtain the records they need, reducing legal costs and time to resolution. The company can also proceed with confidence in online marketing (within industry parameters), knowing their records are continually captured and stored in case of future litigation. Each archived page is marked with a digital timestamp and signature, so the pages can be used as admissible evidence in court. This feature also protects POM against any false claims about the company s published content. When the legal team needs access to archived records, they can choose from three data export options -- PDF files, native format, or self-service login to the company s PageFreezer account to retrieve snapshots. A well-prepared legal package with the archived We ve seen a lot of interest in web archiving for litigation readiness, said Michael Riedijk, Executive Director with PageFreezer. Since companies do so much marketing online, web and social media records will play a major role in many legal cases. It just makes sense to have all that information stored, organized and court-ready.

5 Case Study: FOOD INDUSTRY Archiving for Legal Purposes p-5 03 Archiving for Legal Purposes BESIDES USING ARCHIVED WEB RECORDS FOR LITIGATION READINESS, THERE ARE NUMEROUS OTHER LEGAL APPLICATIONS FOR PAGEFREEZER S INDUSTRY-LEADING ARCHIVING S. Early case assessments: Companies can peruse archives to determine the potential liability of cases before they go to court (e.g., wrongful termination, online harassment, etc.) Federal Rules of Civil Procedure: According to Rule 34, responding parties must produce requested information within 30 days. Searchable archives simplify this process for web content. Web content dispute resolution: Using archives, companies can quickly resolve disputes concerning website content, domain names, or false claims -- saving time and money. Online error management: In dealing with mistakenly published content (e.g., products listed for the wrong price), companies can use archives to easily identify the time frame of the mistake and quickly resolve claims relating to it. Monitoring of offending parties: Archiving the web content of offending parties provides a digital portfolio of information about the opposition, and provides evidence for cases relating to web content (e.g., copyright infringement). Protecting digital assets: Snapshots of web content can be filed with regulators like the US Trademark Office to create a digital record of a company s online assets.

6 Case Study: FOOD INDUSTRY About PageFreezer p-6 04 About PageFreezer PAGEFREEZER.COM IS THE LEADING FOR ARCHIVING, MANAGING, RETAINING AND REPLAYING DYNAMIC WEB CONTENT FOR GOVERNMENT AGENCIES AND COMPANIES. IT PROVIDES AN INTEGRATED FOR WEBSITE ARCHIVING, REGULATORY COMPLIANCE, E-DISCOVERY AND LITIGATION SUPPORT. PageFreezer is a powerful online SaaS service that requires no software installation, setup or configuration. Your account can be set up and archiving website, blog, intranet and social media content within an hour of signing a subscription. PageFreezer is brought you by PageFreezer Software, Inc., with 4 offices worldwide in the USA, Canada, Europe and Australia. Copyright PageFreezer Software Inc., This document, and any portion thereof, may not be quoted, reproduced, copied, disseminated or otherwise distributed without the express written permission of PageFreezer Software Inc.. PageFreezer Software, Inc Water street Vancouver, BC V6B 1B8 Canada Phone: [email protected]