Can You Back Up the Hype? Gerber Lawsuit Highlights Legal Risks of Advertising

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Earlier this month, Gerber Products Co. was hit with a potentially costly class action lawsuit in New Jersey over health claims related to several of its baby food products. According to the New Jersey Law Journal, the plaintiffs contend that Gerber falsely claims that baby foods containing certain additives and supplements are healthier and more nutritious than cheaper Gerber products that do not contain these ingredients.

While we can’t speak to the merit of the claims, the lawsuit highlights the potential liabilities associated with advertising. While almost all New York and New Jersey businesses use some form of print or online advertising, many are not fully aware of the myriad of regulations that businesses must follow when it comes to touting their products and services.

Below is a brief summary of the most important rules, as required under the Federal Trade Commission Act...

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