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Advertising Law - Feb 28, 2014

9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit - The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more

Consumer Fraud and Weight Loss Scams - Federal Trade Commission Charges Companies with Deceptive Marketing

We all have seen advertisements for weight-loss solutions, and they are often prevalent in the weeks after the New Year. Are these advertisements examples of consumer fraud? According to US Legal.com, consumer fraud refers to...more

UK Court Confirms Privacy Tort And Addresses Meaning Of Personal Information

On January 16, 2014, the English High Court of Justice issued reasons in Vidal-Hall v. Google Inc. relating to an appeal of a Master’s decision to allow Google to be served outside of the jurisdiction in relation to claims...more

Advertising Law -- Nov 25, 2013

Child-Directed Sweepstakes Ran Afoul of COPPA - A sweepstakes conducted by a magazine for tween girls raised concerns under the Children's Online Privacy Protection Act, the Children's Advertising Review Unit...more

Food Litigation Newsletter - October 14, 2013

In This Issue: - Recent Significant Developments and Rulings ..California Court of Appeal Clarifies Reach of “Reasonable Consumer” Standard in Food Labeling Cases ..Court Denies Motion to Dismiss in Part Food...more

Food Litigation Newsletter - September 30, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Partially Pops Plaintiffs’ Claims in Wrigley ..Lack of Standing Dooms Plaintiff’s Yogurt Claims ..Court Stands By its Partial Class...more

Food Litigation Newsletter - September 16, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Trims Frito-Lay “All Natural” MDL But Rejects Preemption and Primary Jurisdiction Defenses ..Court Trims Claims in Gerber Baby Food Labeling...more

Food Litigation Newsletter - September 3, 2013

In This Issue: - Recent Significant Developments and Rulings ..Class Certification Denied in Case About Coffee ..Court Dismisses Case Attacking Gerber’s Overall Marketing Message ..Court Denies Smucker’s...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

Western District Joins Courts Strictly Enforcing Telephone Consumer Protection Act

In American Copper & Brass Inc. v. Lake City Industrial Products Inc., the United States District Court for the Western District of Michigan joined numerous other federal courts, holding that the Telephone Consumer Protection...more

Food Litigation Newsletter - July 22, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Grants Preliminary Approval of Settlement in ConAgra’s “All Natural” Potato Class Action ..“All Natural” Case Involving GMOs Stayed to...more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

Advertising News & Analysis - April 18, 2013

In this issue: - FTC Chairwoman Addresses AAF’s Advertising on the Hill Day, Provides Broad Guidance - Bringing a Legal Challenge? Expect One in Return - NAD Says Doctor-Recommended Claims Need a Second...more

Class Certification Denied In Recent Consumer Products False Advertising Cases

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

General Mills Points to Ingredient List in Defense of “100% Natural” Claims

General Mills recently filed a motion to dismiss a putative class action accusing the company of falsely advertising its popular Nature Valley granola products as “100% natural.” Chin et al. v. General Mills, Inc., Case No....more

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some...more

PUTTING THE BRAKES ON NATIONAL CLASS ACTIONS: The Ninth Circuit Substantially Limits The California Supreme Court's Tobacco II...

Mazza v. American Honda Motor Company, Inc., No. 09-55376 (9th Cir. Jan. 12, 2012). The Ninth Circuit has vacated a lower court's decision certifying a nationwide class of drivers who allegedly purchased a special...more

Ninth Circuit Decertifies Consumer Fraud Class

The Ninth Circuit last week reversed the certification of a nationwide class raising consumer fraud claims against an auto maker. See Mazza, et al. v. American Honda Motor Co., No. 09-55376 (9th Circuit). Honda appealed...more

Lap-Band Clinics Are Warned by the FDA for Overly Rosy Promotions of Weight Loss

For a couple of years now, Southern California drivers have become used to seeing billboards for a medical procedure that promises to turn overweight people into the thin creatures they want to be. By calling 1-800-GETTHIN,...more

Advertising News & Analysis - November 3, 2011

In this Newsletter; Venable’s Advertising Practice Named “Law Firm of the Year”;“Company Doe” Lawsuit Challenges CPSC Database; Senate Unveils Bill to Revitalize USPS, Stave off Five-Day Delivery; Santa Monica, CA Files...more

Advertising Law - October 26, 2011

In This Issue: Verizon’s Geographical Advertising Program Faces Controversy; FTC: Revisions Coming to Guidelines on Marketing Food to Children; Alba Files Suit to Protect Publicity Rights Against Belly Bandit; and Insole...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...more

Advertising Law Newsletter - June 30, 2011

In this issue: “All Natural” Ice Cream Suit Can Proceed, Court Rules; For One Model, Age Is Not Just a Number – It’s a Cause of Action; $10.4M to the FTC For Work-at-Home, Government Grant Scams; and Lawmakers Introduce...more

Advertising Law Newsletter - May 25, 2011

In this issue: Facebook Updates Promotion Rule, Expands Options for Marketers; Sweepstakes Entry Form Does Not Establish a Business Relationship for Telemarketing; Father Sues Facebook for Using Son’s Image; FTC Settles Over...more

Food advertising aimed at kids is on center stage

Earlier this year we predicted that in 2011 there will be increasing backlash against fast food, particularly when marketing it toward children. By way of example, we cited the recently enacted San Francisco ban of...more

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