News & Analysis as of

Misleading Impressions

A questioning mind standards for negligence and recklessness in Greencool

by Hogan Lovells on

The Market Misconduct Tribunal (MMT) recently disagreed with the Securities and Futures Commission, holding that an executive director and a number of non-executive directors did not commit the market misconduct of...more

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information

by McDermott Will & Emery on

The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable information during the Commission’s...more

Second Circuit Affirms Dismissal of "Shadow Insurance" Lawsuits

by Carlton Fields on

In a summary order issued February 23, the United States Court of Appeals for the Second Circuit affirmed the dismissal of two so-called “shadow insurance” putative class action lawsuits — Ross v. AXA Equitable Life Insurance...more

NY Attorney General Sanctions Highlight Need for Higher Standards for mHealth Research and Development

by McDermott Will & Emery on

On March 23, 2017, the New York Attorney General’s office announced that it has settled with the developers of three mobile health (mHealth) applications (apps) for, among other things, alleged misleading commercial claims....more

The Competition Bureau applies strict standards to retail price claims in Canada

by Smart & Biggar on

Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best time to make a purchase...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

Industrial safety specialist properly fired for lying on security application

by Dentons on

An Ontario judge has decided that Atomic Energy of Canada Limited had just cause to dismiss an industrial safety specialist who misrepresented his employment history in a security application. ...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

5 Hour Energy Deceptive Practices Lawsuit Survives Challenge

by Klein Moynihan Turco LLP on

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

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an...more

2016 Year In Review: Securities Litigation And Regulation

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

Ninth Circuit Revives “All Natural” Label Class Action, but Affirms Decertification of Damages Class

In an unpublished decision that is significant for both shoppers and consumer food companies, the Ninth Circuit recently reversed a district court’s ruling that the label “All Natural Fruit” is not likely to deceive...more

Briseno v. ConAgra Foods, Inc.: Ninth Circuit Rules That There Need Not Be An Administratively Feasible Way To Identify Class...

by King & Spalding on

In Briseno v. ConAgra Foods, Inc., an opinion issued on January 3, 2017, the United States Court of Appeals for the Ninth Circuit held that Federal Rule of Civil Procedure 23 does not require plaintiffs challenging the...more

Dole’s “All Natural” Description On Certain Fruit Products Could Mislead Reasonable Consumers

A recent decision from the Ninth Circuit has highlighted the uncertainty that exists in the food product market about the use and definition of “All Natural” in labeling and advertising. In Brazil v. Dole Packaged Foods,...more

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

by Proskauer - Advertising Law on

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

“Slack Fill” Class Action Is Empty Space

by Reed Smith on

We never heard the term “slack fill” before we started writing for this blog, but it seems to be getting a lot of attention lately. We enjoyed a podcast from NPR’s Planet Money the other day discussing slack fill in black...more

De-certifiably Natural – Ninth Circuit Finds “All Natural” Label May be Misleading While Upholding Class Decertification

by Proskauer - Advertising Law on

The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more

Deceptive trade practice claim to proceed based on ‘nothing artificial’ label

by Thompson Coburn LLP on

The Eastern District of Missouri (the Honorable John A. Ross, U.S. District Judge) recently issued an order denying a motion to dismiss claims involving an allegedly deceptive food label. Plaintiff alleged that she purchased...more

Class Action Quarterly Update - Summer 2016

The summer of 2016 saw continued trends in class action filings. Telephone Consumer Protection Act (TCPA) cases continued to be rampant, with multiple cases being filed daily on a national scale. Most were generally directed...more

Ninth Circuit: Food Manufacturers May be Liable for Misleading Consumers if They Label Foods Containing Synthetic Citric and...

by Carlton Fields on

On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more

I May Not Be Able To Pronounce Acai But I Know It Doesn’t Burn Fat Cells: 5 Recent Over-the-Top Weight Loss Advertising Claims And...

Some say “ah-sigh;” I say “ah-kai;” but apparently the proper pronunciation of “acai” — the so-called super berry — is actually “ah-sigh-ee.” Who knew? Acai berries are native to the Amazon rainforest and have been hailed...more

Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals...more

Gladys Knight Files Unfair Competition Lawsuit Against Her Son

by Klein Moynihan Turco LLP on

This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle...more

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