Advertising Law Newsletter - February 23, 2011


In this issue: NAD: General Mills Can Support “Now Even Better” Claim; Plaintiff Claims Nutella is “The Next Best Thing to a Candy Bar”; Suit Filed Over Tropicana Juice; Taco Bell Responds to Lawsuit: Thanks; California Supreme Court Rules on Standing for False Ad Suits; Credit Report Resellers Settle with FTC; California Counties Settle Over Hoodia Dietary Supplements; FTC Settles with “Scareware” Marketers; and Judge Halts Scam Immigration Operation.

Excerpt from 'NAD: General Mills Can Support “Now Even Better” Claim':

The National Advertising Division determined that General Mills can support the advertising claim “Now Even Better” as it is used on reformulated versions of Progresso Light Soups.

Competitor Campbell Soup Company challenged the claim, arguing that it was an unsubstantiated comparative superiority claim from which consumers could infer that General Mills was comparing its new light soup to a prior version of the same product or to a competitive soup brand, given the history of comparative advertising between the parties.

Please see full publication below for more information.

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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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