Advertising Substantiation

News & Analysis as of

UK: Advertising claims – do statements of opinion or objective fact require substantiation? The ASA decides

In an interesting adjudication on the Campaign for Fairer Gambling, the ASA holds that the level of sophistication of the audience at which an ad is aimed, and therefore the effectiveness of a disclaimer used in that ad, has...more

Barbara’s Bakery and Naked Juice Settle GMO Class Actions and Agree to Third-Party Substantiation of Non-GMO Labeling

Class actions challenging “all natural” labels on products allegedly containing genetically modified organisms (GMOs) are all the rage in California. The jury is still out on how these claims will ultimately hold up, but some...more

Advertising Law -- Jul 03, 2013

Excerpt from Orange Juice Suit Squeezes Its Way Forward - In the latest consumer class action alleging false “natural” claims, a federal court judge in New Jersey ruled that Tropicana Products cannot avoid an action...more

Pfizer’s Motion to Dismiss Successful in Class Action Over Its Probiotic Advertising

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why...more

Advertising News & Analysis - January 31, 2013

In this issue: - FTC Robocall Challenge Draws Almost 750 Submissions - Advertising Substantiation Standards: A Brave New World - Robocall, DNC Violations May Annoy FTC Even More Than the Average Consumer -...more

Advertising Law - Jan 25, 2013

In This Issue: Energy Drink Draws the Ire of the NAD; User Files TCPA Suit Against Yahoo; and Yogi Can’t Bend the Law for Copyright Protection....more

Advertising Substantiation Standards, A Brave New World

You're back in the Old West, in a dusty frontier town at high noon. Tumble weeds blow past your boots as you tie up your horse. You notice a crowd of townsfolk gathered. They're listening to a traveling salesmen standing on...more

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