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Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more

False Sale Prices Result in Real $6M Settlement

General Nutrition Centers (GNC) agreed to pay $6 million to settle a class action accusing the national retailer of promoting “phantom markdowns” on its website....more

Plaintiff Seeks to Close the Door on Lowe’s Store-Closure Ads

Are “store closing” signs misleading advertising? Daniel Dugo answered in the affirmative in a new class action complaint filed against Lowe’s in California federal court....more

Deceptive Pricing Suits Continue to Proliferate

While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores....more

Shampoo Company Has Good Hair Day With Proposed Settlement

Settling a consumer class action challenging the labeling of its shampoos as “sulfate free” and “free of salt,” Sexy Hair Concepts LLC agreed to pay $2.33 million....more

Court Tosses Challenge to L.L. Bean’s Guarantee Change

Leaving the plaintiff even more unsatisfied, a California federal court judge granted L.L. Bean’s motion to dismiss a challenge to the company’s change in guarantee....more

New False Advertising Suits: Dog Food and Olive Oil

What do dog food and olive oil have in common? Both products are the subject of recently filed consumer class actions alleging false advertising....more

New York Court Gets Fresh With Juicemaker

A New York federal court judge narrowed the scope of a consumer class action brought against Whole Foods and Freshbev over a line of juices marketed as “fresh.”...more

Zappos Must Face Data Breach Lawsuit, Ninth Circuit Rules

A class action seeking damages for a 2012 data breach at Zappos.com that impacted 24 million customers will move forward after the U.S. Court of Appeals for the Ninth Circuit reversed a dismissal of certain plaintiffs for...more

No About-Face for Second Circuit in Face-Scanning Suit

A video game company successfully dodged a lawsuit which claimed that face-scanning technology violated an Illinois privacy law, in a new decision from the U.S. Court of Appeals, Second Circuit....more

Advertising Law - June 2017 #5

Full Disclosure: Instagram to Help Influencers With Compliance - On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

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