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Advertising › Lack of Substantiation

Proskauer - Advertising Law

Third Circuit Affirms Decision to Reject FTC’s False Advertising Claims Against Housing Insulation Company

Proskauer - Advertising Law on

A Third Circuit panel recently affirmed a Pennsylvania district court decision in favor of defendant Innovative Designs (“IDI”) in an advertising challenge by the FTC. We previously blogged about the district court decision,...more

Patterson Belknap Webb & Tyler LLP

“Lack of Substantiation” Claims: A Substantively Lacking Liability Theory

Patterson Belknap Webb & Tyler LLP on

As astronomer Carl Sagan famously said, “absence of evidence is not evidence of absence.” Plaintiffs have not gotten the message. They often allege that a defendant’s marketing or labeling statements are false and...more

Manatt, Phelps & Phillips, LLP

Advertising Law

Manatt, Phelps & Phillips, LLP on

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

BakerHostetler

Johns v. Bayer Corporation: Southern District of California Dismisses “Lack of Substantiation” False Advertising Class Action

BakerHostetler on

In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more

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