It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA."
From an advertising industry perspective, this song's lasting popularity is no surprise;...more
1/17/2023
/ Advertising ,
Class Action ,
Department of Agriculture ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Misleading Statements ,
Penalties ,
Product Labels ,
USDA
Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that...more
In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
1/13/2021
/ Advertising ,
Appeals ,
Appellate Courts ,
Class Action ,
Counterfeiting ,
Disgorgement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Marketing ,
Product Labels ,
Romag Fasteners v Fossil ,
Unfair or Deceptive Trade Practices
We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more
9/1/2020
/ Advertising ,
Amended Complaints ,
Consumers Legal Remedies Act ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Motion to Dismiss ,
Product Labels ,
Putative Class Actions ,
Settlement Agreements ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more
9/30/2015
/ False Advertising ,
Food and Drug Administration (FDA) ,
Gerber ,
GNC ,
Health Claims ,
Jury Trial ,
Labeling ,
Misleading Statements ,
Pleading Standards ,
Product Labels ,
Product Packaging ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices