I’m so excited for today’s episode because I’m chatting Diet Myths with Whitney E. RD! 

We are CONSTANTLY inundated with conflicting nutrition information in the media. Something that was once good for you can instantly be dubbed dangerous, and it can be confusing and overwhelming to sort through all of the information. Thankfully, we have amazing RDs like Whitney working to dispel diet myths and share science-backed nutrition tips with their followers.

In this episode, we talk about some of the commonly-demo
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nized foods and hot nutrition topics:




-The great protein debate, and

-Tips for creating a plant-based lifestyle

I hope that you’ll check it out. There’s a ton of value and lots of applicable tips in this episode. If you enjoyed it, please throw a 5-star rating or review my way! <3

A little bit about Whitney:

Whitney English Tabaie is a Registered Dietitian Nutritionist, Certified Personal Trainer, and founder of the website/YouTube channel, Whitney E. RD. Whitney’s mission is to help readers make educated decisions about the food they eat by providing evidence-based information on popular nutrition topics and sharing healthy original recipes that fit her “Predominantly Plant-Based” nutrition philosophy. Whitney is also the co-creator of Plant-Based Juniors, a platform helping educate and inspire parents looking to raise predominantly plant-based children. She has been featured on outlets like Good Day LA, Bon Appetit, People, Today’s Dietitian, Buzzfeed, Huff Post, Men’s Health, Shape, Reader’s Digest, and many more. When she isn’t whipping up healthy meals in “Whit’s Kitch,” she can be found soaking up the Los Angeles sun with her husband, newborn son Caleb, and pup, Mr. Chow.

Here are two of the videos we discuss in today’s episode:

The truth about soy and cancer

Frozen vs. fresh produce


Find Whitney on her blog, Facebook, Instagram, and YouTube.

You can listen and subscribe to the podcast on iTunes, Stitcher, and Google Play.

Thank you so much for checking it out and for all of your amazing support with the podcast. 



The post 006: Diet Myths with Whitney E. RD appeared first on The Fitnessista.
Here at Nutrisystem, we don’t expect you to count calories. That’s why we’ve prepared all of our foods with the optimal balance of nutrients in portions that make sense. But we do think it’s important that you learn to identify what constitutes empty calories, and how to replace those empty calories with nutrient-rich options. That way, you’ll be fully prepared for life after Nutrisystem.

So let’s start small. Make over your menu and save calories with these simple swaps you’ll barely noti
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Want to learn how to cut even more calories from your day? Check out this quick article on How to Cut 800 Calories without Skipping a Single Meal. And be sure to tune in in the coming weeks for part two of our Food Swaps Series!

The post 10 Simple Swaps That Save Calories appeared first on The Leaf.
There's just one area in the Lower 48 where you can experience ice-capped heights on par with the Brooks Range in Alaska: Glacier National Park.

All 1,500 square miles of rugged wild has knife-edge ridges, excellent lakes, as well as charming megafauna (plus a Canadian boundary too). The park was named for the enormous glaciers that carved it millennia earlier, and about 25 of them are still in proof today. Yet that number is shrinking quickly.

Scientists anticipate almost all of Glacier's ice spots will
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vanish by 2030.

" They're going so quickly it sort of knocks one's socks off," states Pat Hagan, a seasonal ranger who's been operating in the park for 30 years. "It's almost like I've lived in geologic dates as opposed to years."

< img course= "size-full wp-image-304236 "src=" https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg" alt=" A group of canoes relaxing at the dock deck at Many Glacier Swiftcurrent Lake at GlacierNational Park "size=" 900" height =" 600" srcset =" https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg 1380w, https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg?w=900&h=600 900w, https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg?w=150&h=100 150w, https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg?w=300&h=200 300w, https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg?w=768&h=512 768w, https://www.mensjournal.com/wp-content/uploads/2018/07/KayaksGlacier.jpg?w=1024&h=683 1024w" sizes ="( max-width: 900px) 100vw, 900px "/ > A team of canoes resting at the dock deck at Many Glacier Swiftcurrent Lake at Glacier National Park YinYang/ Getty Images Which is even more factor to go currently. Don't expect seclusion. Some 2 million site visitors get here every summer. But many of those people stay with the park's reasonably popular thoroughfare: Going-to-the-Sun Road; heavily trafficked hikes like the Highline; and the park's

Lake McDonald. The 23 Best National Park Adventures Exactly what makes Glacier astonishing is the wilderness. There are over 700 miles of tracks, 762 lakes( many of them unnamed), as well as 208 backcountry campsites in wild country filled with grizzlies, lynx, wolverines, as well as mountain goats. That's where you intend to be-- with bear spray.

Right here's our complete traveler's overview.

< figure id=" attachment_304237 "design=" size: 900px;" class= "wp-caption aligncenter" >< img course =" size-full wp-image-304237" src=" https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg" alt=" Scenic sight of hiker at Glacier National Park" width =" 900"

height=" 600" srcset=" https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg 1380w, https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg?w=900&h=600 900w, https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg?w=150&h=100 150w, https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg?w=300&h=200 300w, https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg?w=768&h=512 768w, https://www.mensjournal.com/wp-content/uploads/2018/07/HikeGlacier.jpg?w=1024&h=683 1024w" sizes= "( max-width: 900px) 100vw, 900px "/ >
Scenic sight of walker at Glacier National Park

Jordan Siemens/ Getty Images Where to Stay Base on your own at the classic, century-old Many Glacier Hotel, on the coasts of Swiftcurrent Lake (doubles from $165). Walking Among the Grizzlies The northeast corner of Glacier is a wild area of

high heights as well as rich river valleys." Most individuals are doing Going-to-the-Sun Road and a little purchasing, after that proceeding," claims Hagan. "But in the north, there are numerous places to head to obtain away from everything."

< a. href =" https://www.mensjournal.com/travel/5-national-parks-adventures-are-fun-hell/" target=" _ blank" data-track-category= "Article Page". Glacier's northwestern border is made up of the beautiful as well as wild North Fork of the Flathead River, a glacier-fed river that cuts via 58 miles of fir-and-aspen wilderness. With a team of 4 or even more, you could arrange a personalized three-day float trip with the Montana Raft company ($ 200 each individual each day) to see the finest of the park's western flank from the convenience of a raft.
After years of civil battle, a new peace bargain has finally opened the nation's remote interior to durable tourists, making Colombia the hottest adventure location in the world.

Do not forget to shuffle your feet to frighten electrical eels," claims our fishing overview, Dani Herrera, as he wades upstream right into the mirror-clear waters of Colombia's Río Elvita, on the country's eastern flatlands, near the Venezuela border.

< a. href =" https://www.m
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ensjournal.com/travel/the-most-adventurous-ways-to-experience-colombia/" target=" _ blank" data-track-category

=" Article Page". data-track-action= "Tap Interstitial Link ". data-track-label=" https://www.mensjournal.com/travel/the-most-adventurous-ways-to-experience-colombia/" > The Most Adventurous Ways to Experience Colombia Nothing in his voice suggests he's joking, so we follow him, holding our rods overhead with both arms when the river's current f lows as much as our necks. A few hundred feet upriver, we climb onto a sandy financial institution as well as start casting right into the color underneath bushes growing along the banks. Rebekka Redd, an expert fishermen that jumped at the possibility ahead along on exactly what would be her second journey to these waters, tosses the initial actors, and also after just a couple of shots, her line screams as well as she's battling what we've come right here for: peacock bass, a Technicolor beauty that could grow to 20 extra pounds. They are infamous for damaging lines and deal with when they strike, and, as soon as hooked, could take an hour to land. Redd's is only an adolescent-- 5 or 6 pounds-- and she soon has it on land.

Gregg Bleakney< a. href="
target=" _ blank'" data-track-category=" Article Page
". data-track-action=" Tap Interstitial Link". data-track-label =" https://www.mensjournal.com/?p=291925" > The Adventurer ' s Guide to the Catskills Next off up is Bruce Mazur, a

close buddy of mine and lifetime angler, who rapidly hooks and also lands a second, larger one." All that stuff you learn throughout the years regarding sneaking up on the fish as well as aiming to fool them with ideal casts-- none of it matters here," Bruce says, wondering. "This is feral fishing, wild. You blast it available and hang on tight."

The Adventurer's Guide to the Catskills

After Bruce comes Juan Carlos Lenz, the software entrepreneur and also fly-fishing fanatic that brought us all together. After a few graceful throws, his line is humming and he's heaving versus one more fish. By the end of the afternoon, we'll have landed greater than a dozen monster peacocks. Also I, a fly-fishing neophyte, hook one. Lenz grins when he returns from releasing his catch, a 13-pounder he dealt with for a scant 10 mins. He beams as well as claims merely, "Colombia."

You could fish for peacock bass from Florida to Brazil, Panama to Singapore, but until recently it was almost impossible to go after the fish in Colombia, even though the nation's rivers are brimming with them. For years, the eastern half of the nation, a spiderweb of streams toppling down from the Andes to the Orinoco and Amazon rivers, was controlled by separatist FARC rebels. This wild land is balmy as well as jungled and also suitable for concealing, as well as guerrillas and medication traffickers drove most Colombians from the region. It had not been just in the east, either: The threat of dealing with and kidnapping made traveling outside of Bogotá, Medellín, and other major cities too harmful for years.

With his angling exploits, Lenz met Daniel Herrera, a board member of the largest fishing club in Colombia. The business, Wild Luxury, is constructing premium lodges in 5 locations around the country that will supply forest hikes, bird-watching, horseback flights, natural springs for swimming, as well as, of training course, angling. The potential for sport fishing in Colombia parallels its tourism potential customers as a whole.

< a. href=" https://www.mensjournal.com/?p=296541" target =" _ space "data-track-category="

Article Page ". data-track-action=" Tap Interstitial Link". data-track-label=" https://www.mensjournal.com/?p=296541" > How to Spend the Ultimate Long Weekend in Dublin That's the first thing you find out in Colombia: absolutely nothing here is ever as uncomplicated as it shows up. As we damage down rods in the dark after angling, a pair of Toyota Hiluxes holler into the building in a cloud of dirt as well as headlights to transfer us to El Recreo. Dani tells us that El Recreo's lodges will be prepared for business in two weeks, when we see them the next day, the thatched-roof frameworks are still lacking floors and plumbing and look like they can be months away from their (surely stunning) coating.

Instead, we camp on mosquito internet-- covered foam cushions on the patio at the old grange, where we meet 34-year-old Carlos Restrepo, among Wild Luxury's major financiers as well as proprietor of the 64,000-acre ranch. Restrepo, that camps along with us, informs a rags-to-riches tale concerning his increase, finishing with him at the helm of a successful aircraft-leasing organisation. Without bush aircrafts, there would be no fishing in Colombia. That goes with tourism throughout the nation: While the hazard of kidnappings is what maintained tourists off the roads also just a couple of years earlier, since that risk has actually vanished, it's the absence of genuine highways and the excessive travel times that make it essential to fly practically anywhere you go. After 2 days on the Elvita, we hop aboard a Piper Arrow for a three-hour flight to La Macarena to fish the Río Guayabero.

On the prowl for payers or vampire fish( imagined listed below), so called because, well … simply look. Gregg Bleakney Its proximity to two nationwide parks is turning it right into a fledgling ecotourism destination, La Macarena was the seat of power for the FARC guerrillas throughout the battle. The town is back in federal government hands, but the vestiges of the strife-- AK-toting soldiers patrolling the street edges and infantry boats on the Río Guayabero-- are still visible. Also as the FARC rebels have taken in right into the political system, several Colombians can't fail to remember the wrongs devoted during the battle.

We electric motor an hour upriver in 40-foot-long canoes to a standard lodge called El Raudal, where Wild Luxury plans to construct a collection of contemporary cabins. In the river below, visitors will cast for payaras, or vampire fish, which Dani claims have bones like plates of shield, saber tooth-- design fangs, and also a strike extra harsh compared to lightning.

< img course=
" aligncenter size-full wp-image-302365" src =" https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg" alt =" prayara-vampire-fish" width= "900" elevation =" 600" srcset =" https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg 1380w, https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg?w=900&h=600 900w, https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg?w=150&h=100 150w, https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg?w=300&h=200 300w, https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg?w=768&h=512 768w, https://www.mensjournal.com/wp-content/uploads/2018/07/prayara-vampire-fish.jpg?w=1024&h=683 1024w" dimensions =" (max-width: 900px) 100vw, 900px"/ > Gregg Bleakney El Raudal sits at the mouth of a lava canyon noting the start of Cordillera de los Picachos Natural National Park. The lodge manager, José Rubio, says that the Ministry of Environment recently changed the rules that once permitted fishing up the canyon. The action was targeted at suppressing unlawful business trawling, however it additionally practically banned sport angling, also. Herrera as well as a local ecotourism team are appealing the legislation in hopes of gaining an exemption for catch-and-release angling, but the situation is fluid.

" It's like the Wild West," Lenz states. "There's whatever available right here and also everyone is rushing to assert a stake, as well as that causes both terrific points as well as to new troubles. We have to begin someplace."

With our assumptions muted by the brand-new constraints, we clamber to the river, where the first half-hour of spreading seems to bear out the overfishing. Initially, we catch absolutely nothing. After that, simply as discouragement is setting in, a spot of the river surface area the dimension of a VW starts to steam and also fume across the channel. Fist-size baitfish blow up from the water like popcorn, followed sometimes by the silvery flash of a payara, teeth scorching. Extra frequently compared to not one of those vampires will devour it if you're quick sufficient to toss your fly into the roiling mess. The energy is manic during these boils. It's impossible to toss out your line as well as strip it back rapidly sufficient, over as well as over once again until something hits. Once hooked, the fish rise and also leap as well as pirouette on top of the water as if amazed.

Casting for Giants: Fly-Fishing for Monsters with Oliver White

Redd is the first to snag one, and she electric motors off in the boat to offer the fish extra room to run. Hers will certainly be the greatest the group lands, a 25-pound payara with fangs virtually the dimension of bananas. One strikes Bruce's line, and he sobs out like he's been tasered. The battle is horrendous, like 30 mins of flying a kite in a storm.

" Oh, my shoulder!" Bruce bellyaches after we transform the fish loose. "That's like standing in a dark space waiting on a Doberman to tear your arm off."

Still, he smooths his fly, strips out line, and also casts for one more. In Colombia, where rebels are appearing of the forest darkness for the initial time in a generation, politics are as steady as they've been in decades, and the tourist sector is finally acquiring grip, you need to fish while the angling excels.
After years of civil battle, a new peace deal has finally opened the nation's remote interior to convenient travelers, making Colombia the best experience location on earth.

How Joseph Brodsky Finds (and Sells) the World'' s Best Coffee Beans

You can go fishing for peacock bass-- arguably the world's most difficult dealing with fish-- which requires an experience in its own right simply to get to them; or prowl for payaras (vampire fish).

And there are lots of other exploits to be had-- if yo
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u discover Colombia by some renegade methods. See just what we indicate.
Take a peek inside Alexa's house yoga exercise workshop where she's deal with brand-new postures up until she's ready to show them to the globe.

The article Welcome to My ... Morning Yoga Flow appeared first on Under Armour.
When it comes to designing and building a mobile app that your target users will love, there’s one piece of the puzzle you can’t afford to overlook:

In-depth and actionable RESEARCH.

Without research, your app building team is acting on impulse only. You don’t know what your target customer actually wants, why they want it, or how you should deliver it to them. If you don’t create a user experience your target users latch onto, they won’t bother coming back for more
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Here’s the harsh reality about UX: 34 percent of people say functionality drives their decision of whether or not to download an app. And most will not return, or may even delete the app, if that is to happen. If your user doesn’t enjoy your app the first time around, you can bet they’re gone for good. Just like that.

So how do you deliver an experience your users will love? That’s right—research.

Before you can hit the ground running with your build, you need to ask a lot of questions about your target audience and gather all the insights you can about their ideal app experience. That’s where UX research comes in.

There’s one question every UX researcher needs to ask first: What actually leads someone to download a mobile app? A lot of app designers and developers ignore the stats and run full speed ahead thinking they already have all the answers. They assume that if the app looks great and they create some beautiful visuals for the app store, everyone will download it.

But app functionality is more important than how fancy it looks.

When we asked millennials why they choose to download an app, 48 percent said functionality is a key factor while only 37 percent cited design.

Not only is app functionality more important than design, it also beats out recommendations from close friends. Millennials want to use apps that do something its competitors cannot. They want an app that they enjoy using. They want to have a positive experience with the app.

As millennials are the most active app users, their attention to app functionality and user experience is something every app-building team should key in on.

How does the UX researcher fit into the app building process?
Throughout the mobile app planning process, app building stages, and launch phase, the role of the UX researcher morphs. They move from observation to understanding to analysis, until finally their research is implemented in the app project.

At each stage, the UX researcher has specific goals and areas of focus. In this post, I’m going to break down each stage so you can learn how to unearth exactly what your target users are looking for—and how to use those insights to make a great first impression with your app.

Let’s dive in.

Stage #1: Observation | UX Researcher as Private Investigator
The research process begins with the observation stage, or what I call the private investigator stage. The UX researcher takes a big-picture view of the entire project before going into data collection mode.

Before diving into data collection, it’s important you first have a clear understanding of the problem your app is looking to solve. This helps you to focus your efforts. Then you must understand the company goals. You need to know every stakeholder’s vision and overarching desires for the app. From here, you can dig into everything from your target users’ wants and needs, to their behaviours, to the way they use mobile apps in general.

You’re looking for key trends, research-backed insights, and significant studies that can help you decide which direction you should be going before you start building. Mobile companies like SmartInsights, Apptentive, and MindSea are all sharing new insights and trends on a consistent basis, and all three are great places to start looking.

The goal here is fairly straightforward: Collect as much relevant information as possible on your target user and mobile app trends pertaining to your industry.

You’ll break down the research you conduct later, so don’t get caught up thinking about why certain trends exist just yet. Instead, focus on collecting data and statistics. Find studies that are packed with insights like these:

1. Mobile phone users spend 15 percent of their media time using gaming apps, versus just 2% using news apps.

2. Most people use their phones to access the internet in the morning, desktop computers during work hours, and tablets and phones in the evening.

3. Even though blue is overwhelmingly the most popular app icon colour, 30 percent of all food and drink apps are red, while only 6 percent are blue.

Of course, the more specific info you can find about your particular target user the better, but mobile app stats like these are key to helping UX researchers recognize patterns in the desires and behaviors of their end users.

Stage #2: Understanding | UX Researcher as Market Researcher
At this point in the UX research process, the focus shifts from digging for data to actually making sense of the data you’ve dug up. Whatever statistics you found during the first stage are just a pile of numbers to you right now. There is still work to be done before you can start to design a user experience that your target user will love.

By this stage…

You know people are using their phones in the morning and evening.
You know mobile users are spending more time gaming than reading news.
You know blue app icons are the most common—but not for food apps.

Now you can start asking the big questions that will help you turn this research into actionable insights that can guide the app building process. Each of these big questions is going to start with the same three-letter word: WHY.

Why are people using their phones instead of their other devices in the morning?
Why are mobile users spending more time in gaming apps than news apps?
Why is blue the most popular app icon color?

Identifying your target user’s habits, behaviours and desires is a great start, but without an understanding of why they feel and act the way they do, you’ll be throwing darts in the dark as you build your app, just hoping something sticks. How can you actually answer these big why questions?

This is where the market researcher role kicks in. To get a better understanding of why your target users think and act the way they do, there a number of research tactics you can use:

Interviews: Interviews have always been a great way to collect information directly from target users. Whether you’re running direct question-and-answer interviews, or more open, conversation-style interviews, you’re sure to gain some insight into what your target users are actually looking for.

Surveys: Questionnaires and target user surveys are great for collecting large amounts of simple data. You likely won’t get the highly detailed answers you would in an interview, but you’ll be able to reach more people and collect a lot of different perspectives.

Card sorting: In a card sort, the researcher provides the target user with a handful of key terms and asks them to categorize those terms by importance to them. You can either create the category names for the user (a closed card sort) or let them create the categories themselves (an open cart sort).

A/B tests: Running an A/B test can help app designers identify which elements perform the best. The goal is to show the two variations of a particular element being tested—whether it’s a button, heading, colour or something else—to target users at random and analyze which variation produces the best results.

Stage #3: Analysis | UX Researcher as Archaeologist
Just as an archaeologist analyzes artifacts to draw conclusions about the past, a UX researcher must analyze their findings to paint a detailed picture of the target user that will guide the app build.

This is where the true expertise of a UX designer can shine through.

At this stage, the focus is on analyzing the findings from the first two stages in order to apply them to your app. Take the data you dug up during the initial research stage, combine them with the qualitative information you collected during the second stage, and start drawing conclusions about the direction your app needs to take.

What trends are you seeing in terms of why users want certain apps?
Are there certain UX features that your target users enjoy the most?
What functionality is leading users to keep coming back to the same apps?

With the insights you collect, start building detailed target user personas.

Take all the information you’ve collected to create a picture of your target user that includes what the user wants, why they want it, how they want to access it, and how they plan to use it. Identify their top pain points and what solutions they’re most likely to be looking for. The more detailed you get, the better. And don’t stop at just one persona—chances are, you have multiple kinds of target users who have slightly different needs and motivations.

Once you create these personas, the next step is presenting what you’ve found to the app development team to make sure every single action the team takes moving forward aligns with what your users are looking for the most. There are plenty of possible approaches to presenting your research:

Reports: Presenting your findings in the form of a report is the most common method researchers turn to. While reports allow you to include all the insights you’ve gathered, they’re not always the best because of exactly that—you’re tempted to include all the insights. You need to present your key findings and target user personas in a brief, easily digestible report; otherwise, it may be best to pursue a different presentation method.

Presentations: Gather the team, order in some tasty food, and present your key findings and insights keynote-style. This doesn’t need to be a boring, corporate-style presentation. Include plenty of visuals, focus on the most important findings and make sure it’s engaging and easy to follow.

Posters: Presenting your target user personas in poster form is a great way to quickly get the key points across. You can put up these posters around the office so your target users stay top of mind throughout the development process. A simple design, like these two target user personas from MailChimp, works perfectly:

Wrapping things up
Before you dive head-first into building a mobile app you think your target audience will download and fall in love with, take the time to conduct in-depth UX research that will guide your mobile app strategy.

A bad user experience is enough to make your target users run as fast as they can in the other direction. Remember, just because your app looks the best doesn’t mean it’s guaranteed to offer the experience your target users want. Study your target users, identify their desires and behaviours, and build a mobile app that aligns with your research.

What hidden insights has your own UX research revealed during the app building process? Let us know in the comments.

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Assemblyman Chau has released an amended version of AB 2546 (which amends California’s existing commercial email law) that reflects changes won during the hearing before the Senate Business, Professions and Economic Development Committee (a copy of which is below).

The bill, whose primary proponent appears to be plaintiff’s lawyer Dan Balsam (who also would be the bill’s main beneficiary), still is problematic even with the changes.

The Fundamental Premise of the Bill is Impro
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The federal CAN-SPAM Act preempts state laws “that expressly regulates the use of electronic mail to send commercial messages,” but contains a limited exception to preemption for state laws only “to the extent prohibits falsity or deception in any portion of a commercial electronic mail message”.  AB  2546 as amended, however, still states that it  is premised on the “need to regulate the advertisers who use spam because they may obtain an unfair advantage over their competitors who engage in legitimate and lawful advertising practices.”  There are two problems with this premise: (i) unsolicited commercial email is a “legitimate and lawful advertising practice” under the CAN-SPAM Act and protected by the First Amendment; and (ii) regulating the use of unsolicited commercial email is expressly preempted by the CAN-SPAM Act.

The Definition of Commercial Email is Still Problematic

While Assemblyman Chau agreed to clarify that the expanded definition did not apply to charitable and political solicitations as I pointed out, the current bill still expands the definition to include securities and financial solicitations that likely are preempted by federal law.

It Creates A Separate Liability Standard for Email Advertisements

Assemblyman Chau’s amendment did not address my objection to the expansion of the bill to include falsity in the email itself.  This expansion is unnecessary since email recipients already have a remedy for “untrue or misleading” statements under existing false advertising law (B&P Code § 17500).   This amendment, however, would circumvent (i) the requirements under § 17500 that a plaintiff demonstrate either intent or a reckless disregard for the truth and (ii) the requirement under Proposition 64 that a plaintiff have “suffered injury in fact and has lost money or property as a result”.

It is important to remember that Proposition 64 was enacted overwhelmingly by the voters of California in response to abusive lawsuits in which no one was injured.  This change would create a separate strict liability standard solely for email advertisements and subject them to the abuses of vexatious litigants that Proposition 64 sought to eliminate.  There is no rational basis for making such a distinction other than to benefit the proponents of this bill.

This likely would lead to businesses moving away from email marketing and likely would result in reduced sales and jobs losses for e-commerce businesses that rely on email.

It Improperly Seeks to Reverse Rosolowski v. Guthy-Renker

In Rosolowski v. Guthy-Renker, LLC, 230 Cal.App.4th 1403 (2014), the California Court of Appeal held that a from line that does not specifically identify the name of the advertiser is not misleading if the identity of the sender is readily ascertainable from the body of the email.  This is consistent with federal case law that requires that state regulation must address only that which is materially false in order to avoid preemption.   This change will only invite unnecessary litigation until it is eventually invalidated in court.

The Bill Still Seeks to Restrict the Limitation on Damages

Under current law, the court may reduce the civil penalty from $1000 to $100 per violation if a defendant has “established and implemented, with due care, practices and procedures reasonably designed to effectively prevent that are in violation of this section.”  AB 2546 negates the effectiveness of this limitation of liability by imposing burdensome recordkeeping and training obligations to a party invoking this provision.

Dan Balsam testified that he is doing marketers a favor by clarifying their obligations under this provision, but the language suggests that his real intention is to gut the provision by making it more difficult to qualify.

Next Steps

The bill will be heard by the Senate Judiciary Committee on Tuesday, June 26th.   Please contact the members to let them know how you feel.    (Click here to find out who is your State Senators.)  The Committee has until the end of the week to pass the bill.

If approved by the Senate Judiciary Committee, the bill would need to be approved by the Senate and then again by the Assembly by August 31st.  The passage in either body is not certain.



Senator Hannah-Beth Jackson (Chair) Santa Barbara
(916) 651-4019
 (916) 403-7394 

Senator Robert M. Hertzberg
Van Nuys
 (916) 651-4018
 (916) 651-4918

Senator Bill Monning
  (916) 651-4017
 (916) 651-4917
No Twitter

Senator Henry Stern Calabassas
 (916) 651-4027
(916) 651-4927

Senator Bob Wieckowski Fremont
 (916) 651-4010
 (916) 651-4910


Senator John M. W. Moorlach (Vice Chair)
Costa Mesa
(916) 651-4037
 (916) 651-4937

 Senator Joel Anderson
El Cajon
(916) 651-4038
 (916) 651-4938

AB 2546 as amended
(Changes reflect amendments since Assembly-passed version)

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