False Advertising

News & Analysis as of

Food for Thought: A Review of 2016 Litigation

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

[Webinar] Litigation is Inevitable: Update on Recent Advertising Class Actions - Feb. 22nd, 12:00pm ET

Consumer class action suits continue to be a growing source of concern to marketers and income for plaintiffs’ law firms. This webinar will provide an update on recent consumer class action cases across a range of industries...more

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.  The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more

Missouri Court of Appeals Holds Ingredient List Label on Product Not an Absolute Defense to Claim for Deceptive Merchandising...

Murphy v. Stonewall Kitchen, LLC, No. 104072 (November 8, 2016)- The Missouri Court of Appeals, Eastern District, reversed a trial court’s order dismissing an action on the grounds that an ingredient list label was a...more

District Court Sacks Ginkgo Biloba False Advertising Case

On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies...more

FTC Requires that iSpring’s “Built in USA” Claims Hold Water

On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are...more

Advertising - Get it right

February has barely hit and we are already starting to see some action from the Commerce Commission in the Fair Trading space for 2017. Earlier this week the Commerce Commission filed charges against Bunnings (NZ)...more

CGL Coverage for False Advertising and Intellectual Property Claims: Sometimes It’s There, but You Need to Know Where to Look for...

A recent case in the Northern District of California offers two cautionary tales to policyholders. First, when buying insurance, companies should understand their risks and ensure that the policies they’re buying match those...more

IA Sanctioned Based On Risk Areas In OCIE Alert

The Commission’s inspection staff – OCIE – issued an Alert about its national inspection program earlier this week, highlighting risk areas for investment advisers. Any adviser facing an inspection would do well to review the...more

Top 10 most complained about adverts 2016

The ASA has published its list of the most complained-about adverts of 2016 and, similar to 2015, it is established reputable companies that dominate the ASA's "Top 10" list....more

Not a Passing Grade: FTC Settles with Company Over Alleged False Advertising for High School Diploma Program

On February 3, 2017, the Federal Trade Commission (FTC) announced a new settlement against Stratford Career Institute alleging that Stratford’s advertising for its high school diploma program (claiming that it provided the...more

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

 OTA & Travel Distribution Update - Jan. 13th, 2017

OTA & Travel Distribution Update - Jan. 13th, 2017 Chinese tourists spend more via online travel agencies: report Chinese tourists spent more money via online travel agencies (OTA) thanks to rapid growth of e-commerce and...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

FTC Settles “Made in USA” False Advertising Claims

On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”). According to the FTC’s complaint, iSpring, a company that sells water...more

FTC and DeVry University Settle False Advertising Claims for $100M

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its...more

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

5 Hour Energy Deceptive Practices Lawsuit Survives Challenge

A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices...more

Advertising Law - January 2017 #2

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been...more

FTC Settles False Advertising Action Against Breathometer, Inc.

On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a...more

The (Sometimes Unethical) Reality of Competition and Your Ammo to Combat a Rival's False Advertising

Competition in the free-market economy is cutthroat and businesses seek to gain a slight edge over their competitors however they can. In an effort to gain such an advantage, these businesses may spread falsehoods about the...more

Retail and Consumer Products Law Roundup - January 2017

False Ad Suit Survives When Consumers "Swept Into" Purchase - Why It Matters - A California Court of Appeal found that plaintiff consumers had raised triable issues of fact on whether they suffered damages in...more

Deceptive Marketing — Is Coca-Cola taking a page book from the tobacco industry?

Coca-Cola has been called out in California for deceptively advertising is sugar-saturated sodas so it can sell more of them. A 39-page lawsuit filed in San Francisco makes 13 claims against the iconic beverage brand...more

Northern District of Illinois Dismisses Whistleblower’s FCA Suit for Failing to Connect Allegations of Misconduct with Submission...

In United States ex rel. Keen v. Teva Pharmaceuticals USA, Inc., relator Janice Keen sued her former employer—the pharmaceutical company Teva—for violations of the FCA. According to Ms. Keen, Teva trained its sales force to...more

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