Alabama Supreme Court Holds Brand-Name Drug Manufacturer Liable for Ad...
The Alabama Supreme Court recently held in Wyeth, Inc. v. Weeks, – So.3d –, No. 1101397, 2013 WL 135753 (Ala. Jan. 11, 2013) that a drug company may be held liable for fraud or misrepresentation (by...
View ArticleCourt Dismisses Promotional Pricing Proposed Class Action
For marketers facing challenges to their promotional pricing strategies, a new ruling could bolster their defenses. Earlier this week, a federal judge in New Jersey granted Jos. A. Bank’s Motion to...
View ArticleNAD Holds that a Trademark Can be a Claim
In a decision issued last week, the NAD held that even trademarked phrases are subject to advertising laws. A company that makes dishwasher products was asked to substantiate the phrase “Outshines the...
View ArticleNAD Recommends Changes to a Price-Matching Claim
The NAD recommended that Toys “R” Us modify or discontinue its price-matching claim: “Price Match Guarantee — Spot a lower advertised price? We’ll match it.” The claim was accompanied by a disclosure...
View ArticleNJ Federal Court Dismisses False Advertising Class Action Alleging a Lack of...
Last month, in Gaul v. Bayer Healthcare LLC, the U.S. District Court for the District of New Jersey dismissed a class action lawsuit predicated on a National Advertising Division (“NAD”) decision that...
View ArticleSupreme Court Overturns Class Certification in Suit Against Comcast
On March 27, 2013, the Supreme Court held five to four in Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) that the district court improperly granted certification in an antitrust class action...
View ArticleOhio Lawsuit Alleges Deceptive Advertising by Jos. A. Bank
On May 24, 2013, Ohio consumers filed a class action lawsuit in U.S. District Court (N.D. Ohio) alleging that advertising by clothing retailer Jos. A. Bank violates the Ohio Consumer Sales Practices...
View ArticleSupreme Court To Clarify Standing For False Advertising
On June 3, 2013, the U.S. Supreme Court agreed to hear Lexmark International’s petition from a lower court ruling that a party with merely a “reasonable interest” to protect had standing to sue for...
View ArticleFTC Announces Settlements on “No VOC” Claims
The Federal Trade Commission (“FTC”) announced settlements with three mattress manufacturers last week that prohibit the manufacturers from making claims that their products are free from volatile...
View ArticleKohl’s Kicks Putative Class Action Suit Alleging Deceptive Sale Prices
On February 1, 2016, the U.S. District Court for the District of Massachusetts dismissed a consumer class action alleging that Kohl’s Department Stores advertises false sale prices. The plaintiff in...
View ArticleProtected: 2016 Advertising and Privacy Law Summit Attendee Follow-up
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View ArticleProtected: 2016 Advertising and Privacy Law Summit Attendee Follow up
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View ArticleCBD and False Advertising: Lessons Learned From The Food Court
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of...
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CCPA Litigation Round-Up
The California Consumer Privacy Act (CCPA) took effect January 1, 2020. While the California Attorney General’s enforcement authority is delayed until July 1, private litigants have already started to...
View ArticleNAD Recommends Changes to a Price-Matching Claim
The NAD recommended that Toys “R” Us modify or discontinue its price-matching claim: “Price Match Guarantee — Spot a lower advertised price? We’ll match it.” The claim was accompanied by a disclosure...
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CCPA Litigation Round-Up: Q2 2020
January 1, 2020 was the effective date for the California Consumer Privacy Act (CCPA). As we reported and summarized in our Q1 2020 CCPA Litigation Round-Up, private litigants wasted no time in filing...
View ArticleKohl’s Kicks Putative Class Action Suit Alleging Deceptive Sale Prices
On February 1, 2016, the U.S. District Court for the District of Massachusetts dismissed a consumer class action alleging that Kohl’s Department Stores advertises false sale prices. The plaintiff in...
View ArticleProtected: 2016 Advertising and Privacy Law Summit Attendee Follow-up
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View ArticleProtected: 2016 Advertising and Privacy Law Summit Attendee Follow up
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View ArticleNAD Considers Whether “Better” and “Best” Claims are Puffery
Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that “a bigger briquet is a better briquet” and that the briquets...
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