Advertising Law Newsletter - June 08, 2011

Manatt, Phelps & Phillips, LLP
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In this issue: Gillette’s Close Shave: Judge Dismisses Deceptive Ad Suit; FTC to FCC: Hold Sellers Liable for Third-Party Calls; FTC Files Suit over “Free Vacation” Scams; Third Time’s a Charm for Suit Against Yelp; and FTC to Update Online Ad Law Guidance.

Excerpt from 'Gillette's close Shave...:

A U.S. District Court judge dismissed a potential class action against Gillette in a suit that accused the razor manufacturer of making false claims about its Fusion Power razor system. Plaintiff Ryan Edmunson alleged that Gillette deceptively advertised its Fusion Power system as superior to its Fusion manual system, and that as a result he paid 20 percent more for the Power product.

According to the plaintiff, Gillette advertised the Power cartridges as materially different from – and superior to – the Fusion manual razors, and claimed that the Power handle requires use of the Power cartridge, but in fact the cartridges are interchangeable and have no material differences.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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