The National Advertising Review Board (NARB) agreed with the National Advertising Division (NAD) that Goya Foods Inc. failed to support its objective preference claim that its Excelsior brand pasta is “La Pasta favorita de...more
To settle charges of falsely advertising its bath and beauty products as organic and vegan, a Miami-based company and its owner agreed to a $1.76 million deal with the Federal Trade Commission (FTC)....more
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
A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit....more
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
Siding with the government, a California appellate panel held that section 17501 of the Business & Professions Code was not unconstitutionally vague on its face or as applied to national retailers accused of deceptive...more
For tricking consumers into spending millions of dollars on computer repairs and technical services by falsely claiming their software uncovered malware symptoms on consumers’ computers, Office Depot Inc. and its software...more
A Washington, D.C., judge denied a motion to dismiss and allowed a false advertising suit accusing Ben & Jerry’s of deceiving consumers about the treatment of their cows to move forward....more
A deceptive pricing class action will cost Ross Stores almost $5 million after a federal judge in California granted preliminary approval to the settlement agreement....more
Fake positive online reviews promoting a purported moving company triggered an action filed by the New York attorney general against the company and its owner....more
Recent false advertising lawsuits run the gamut from sweaty Bose headphones to pasta sauce with preservatives to a battle between energy drink companies....more
The court unglued the plaintiff’s motion to certify a statewide class in a slack fill action against the makers of Krazy Glue, granting the defendant’s motion to deny certification....more
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
The U.S. Court of Appeals for the Fourth Circuit has ruled that a prevailing party is entitled to attorney fees only if it convinces the court by a preponderance of the evidence that the case was “exceptional.”...more
“Locally sourced” claims from a Florida restaurant chain triggered a complaint from the state’s attorney general, who alleged the defendant actually purchased its ingredients from a national food distributor....more
Claims for a sound amplifier were too loud for the Federal Trade Commission, which settled charges of deceptive advertising in violation of Section 5 of the FTC Act with the Florida-based entities that manufactured the...more
The Federal Trade Commission (FTC) reached a deal with a company and its CEO over false and unsupported claims that its products could help patients with the side effects of cancer....more
NLRB Upholds Retailer’s Rules on Confidential Customer Information -
Why it matters -
Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more
10/2/2017
/ CLRA ,
Customer Information ,
Customer Privacy ,
False Advertising ,
Gap Inc ,
Infringement ,
Intellectual Property Protection ,
Nestle ,
NLRA ,
NLRB ,
Price Gouging ,
Retailers ,
Section 7 ,
Subway ,
Unfair Competition
FTC Jumps on Trampoline Marketing -
The Federal Trade Commission (FTC) bounced purportedly misleading trampoline marketing claims in a new administrative consent order.
Son “Sonny” Le and his brother Bao “Bobby” Le...more
FTC Emphasizes Disclosures in Letters to Influencers, Marketers -
Influencers and marketers must clearly disclose their relationships, the Federal Trade Commission reiterated in more than 90 letters sent by the agency...more
Supreme Court to Review Credit Card Surcharge Statutes -
Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more
10/12/2016
/ Credit Card Surcharges ,
Credit Cards ,
Debit and Credit Card Transactions ,
False Advertising ,
Federal Trade Commission (FTC) ,
First Amendment ,
Independent Contractors ,
Marijuana ,
Medical Marijuana ,
Merchants ,
Misclassification ,
Privacy Policy ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Retailers ,
Starbucks ,
Uber ,
ZIP Codes
Amazon made recent news for pricing items without stating a list price or whether an article was on sale or was offered at a discounted cost. The policy was based on the idea that Amazon's numerous Prime members would buy...more