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California Court Finds Inaccurate Picture of Beans on Label Actionable

A California court denied Arizona Canning Company’s motion to dismiss an action challenging the depiction of its canned beans, moving forward a false advertising suit brought by a pair of consumers in the state....more

Don’t Sleep On Price Comparison Claims, NAD Cautions

Nectar Sleep LLC should discontinue “limited offer” advertising claims for its Nectar mattress, the National Advertising Division (NAD) recommended in a challenge brought by competitor Tuft & Needle....more

Dollar General Reaches $1.75M Deal Over Pricing

Pricing problems will cost Dollar General $1.75 million in a settlement with the Vermont attorney general. The national retailer ran afoul of the state’s Consumer Protection Act by selling products that were advertised on...more

FTC Unpacks Complaint Against Crowdfunding Campaigns Used by Backpack Company

The operator of a deceptive crowdfunding scheme who told consumers he was raising money to develop a high-tech backpack and other products and then failed to deliver any of the products—and used most of the funds for...more

Plaintiff Dirties Panera’s ‘Eat Clean’ Claims

A new class action lawsuit filed in California federal court accuses Panera Bread of false advertising based on a campaign promoting the fast-casual restaurant chain as a place to “eat clean.”...more

Parties Brew Settlement in False Ad Suit Over Beer’s Location

To resolve allegations that Asahi Beer deceptively marketed its beverages as being brewed in Japan—when in reality the beer was made in Canada—the company agreed to pay up to $10 per class member in a settlement agreement....more

DA Cracks Goop’s Egg Claims, Reaches $145,000 Deal

Settling false advertising charges, Goop has agreed to pay $145,000 in civil penalties and comply with a five-year injunction, the Orange County district attorney recently announced....more

Insurers off the Hook for Defense in False Ad Suit

In a blow to an advertiser, a California federal court held that its insurers were not obligated to defend or indemnify the company in a false advertising lawsuit....more

Deceptive Pricing Suit Survives Dismissal Motion

A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more

Lack of Injury Dooms Deceptive Pricing Suit

Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action. Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...more

Lack of Injury Costs Plaintiffs Their Deceptive Pricing Suit

Not long after the U.S. Court of Appeals, First Circuit tossed deceptive pricing claims for lack of injury, a California federal court reached a similar result in a putative class action against Ross Stores Inc. for...more

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against...more

Advertising Law - July 2017 #2

NAD Considers Grocery Store Claims, Including Jurisdiction Question - A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Advertising Law - June 2017 #2

BART’s App Crashes Into Privacy Suit - San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more

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