False Advertising

Advertising Law -- May 23, 2013

by Charles Washburn, Jr. | Manatt, Phelps & Phillips, LLP on 5/24/2013

SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more

What is the CFPB thinking? An update from PLI’s 18th Annual Consumer Financial Services Institute

by Stefanie Jackman | Ballard Spahr LLP on 5/7/2013

Last week, I had the opportunity to hear several high-ranking lawyers with the CFPB speak at PLI’s 18th Annual Consumer Financial Services Institute in Chicago. As an initial matter, the attendees owe a debt of thanks to each...more

A Compilation of Enforcement and Non-Enforcement Actions - May 01, 2013

by Michael G. Dana, Peter D. Fetzer, Terry D. Nelson | Foley & Lardner LLP on 5/1/2013

* Non-Enforcement Matters: - Legislation Reintroduced to Charge Investment Advisor User Fees - SEC Examination Program for Newly Registered Investment Advisers Reveals Common Areas of Concern - Recent...more

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

by Jeff Ifrah on 4/23/2013

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are...more

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

by Nicole Skolout | BakerHostetler on 4/19/2013

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

POM Appeals FTC Final Order Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 3/20/2013

As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

by Brendan O'Rourke, Erika Stallings, Lawrence Weinstein | Proskauer Rose LLP on 3/18/2013

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

The Greatest Blog Post About Deceptive Advertising Ever Written*

by Travis Crabtree | Looper Reed & McGraw, P.C. on 3/11/2013

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

FTC Approves First Settlement Under Revised Green Guides

by Albert Cohen | Loeb & Loeb LLP on 3/8/2013

The Federal Trade Commission March 6, 2013, approved final orders C-4385 and C-4386 settling charges that two paint manufacturers made false and unsubstantiated claims that some of their paints contained zero volatile organic...more

Advertising Law -- Feb 28, 2013

by Manatt, Phelps & Phillips, LLP on 3/1/2013

In This Issue: Manatt Partner Ken Kaufman Marks Ten Years as Co-Chair of PLI's Annual Entertainment Law Conference; Manatt Partner Ivan Wasserman Invited to Speak at Engredea Conference; Starbucks, Kraft Battle Over...more

Food Litigation Newsletter - February 2013

by Perkins Coie on 2/27/2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

Advertising News & Analysis - February 21, 2013

by Leonard L. Gordon, Jeffrey D. Knowles, Amy Ralph Mudge, Randal M. Shaheen | Venable LLP on 2/25/2013

In this issue: - Cordray Outlines CFPB’s 2013 Agenda - "It's My Trademark" No Defense in NAD False Advertising Challenge - This Just In: FTC Has Big Plans for 2013 - Upcoming Events An excerpt from...more

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

Advertising Law -- Feb 21, 2013

by Manatt, Phelps & Phillips, LLP on 2/22/2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

Repeat Customers Insufficient to Defeat Class Certification in Case Involving Joint Supplement Beverage

by Rebekah Kaufman | Morrison & Foerster - Private Surgeon... on 2/22/2013

We reported recently on a decision from the Central District of California in which the court in part denied class certification in a case against Neutrogena because of “repeat customers” of Neutrogena’s products, thus giving...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

California Attorney General Brings Action Against Standard and Poor’s

by Orrick - Structured Finance Group on 2/20/2013

On February 5, the Attorney General of California, Kamala D. Harris, filed suit in Superior Court in California against Standard & Poor’s and its parent company, the McGraw Hill Company. The Complaint alleges violations of...more

Advertising Law -- Feb 15, 2013

by Manatt, Phelps & Phillips, LLP on 2/18/2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

Advertising News & Analysis - February 14, 2013

by Edward Boyle, Emilio W. Cividanes, Douglas Emhoff, Stuart P. Ingis, Jeffrey D. Knowles, Melissa McLaughlin, Amy Ralph Mudge, Jonathan L. Pompan, Randal M. Shaheen | Venable LLP on 2/18/2013

In this issue: - Recent NAD Decision Illuminates FDA’s “Light” Requirements - CA Supreme Court Rules Song-Beverly Doesn’t Apply to Online Downloadable Purchases - Comments in Four Loko Settlement May Drive...more

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

by Alexis Amezcua | Morrison & Foerster - Private Surgeon... on 2/15/2013

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

Class Certification Denied In Recent Consumer Products False Advertising Cases

by Nicole Skolout | BakerHostetler on 2/14/2013

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

Monster Energy Drink Accused of Teen Death [Video]

by Lawyers.com on 2/14/2013

In 2011, a fourteen-year old girl drank two large cans of Monster Energy Drink within 24 hours. Soon after, she went into cardiac arrest and then died. Attorney Kevin Goldberg argues that if those drinks had a warning on the...more

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Advertising Law -- May 23, 2013

What is the CFPB thinking? An update from PLI’s 18th Annual Consumer Financial Services Institute

A Compilation of Enforcement and Non-Enforcement Actions - May 01, 2013

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

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

POM Appeals FTC Final Order Regarding Deceptive Claims

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

The Greatest Blog Post About Deceptive Advertising Ever Written*

FTC Approves First Settlement Under Revised Green Guides

Advertising Law -- Feb 28, 2013

Food Litigation Newsletter - February 2013

Advertising News & Analysis - February 21, 2013

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

Advertising Law -- Feb 21, 2013

Repeat Customers Insufficient to Defeat Class Certification in Case Involving Joint Supplement Beverage

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

California Attorney General Brings Action Against Standard and Poor’s

Advertising Law -- Feb 15, 2013

Advertising News & Analysis - February 14, 2013

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

Class Certification Denied In Recent Consumer Products False Advertising Cases

Monster Energy Drink Accused of Teen Death [Video]

Repeat Customers Drive Denial of Class Certification in False Advertising Wrinkle Cream Suit

Advertising News & Analysis - February 7, 2013

Advertising Law -- Feb 08, 2013

Monster Energy Drink Accused of Teen Death [Video]

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