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Misrepresentation False Advertising

Mintz

Recent Greenwashing Litigation Focuses on Consumer Products

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Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government regulators--that highlight the current focus on consumer products as a centerpiece of...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 20, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

Hinch Newman LLP

1MM FTC Settlement With Online Used Car Dealer Over Alleged Misrepresentations and Failing to Deliver on Time

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On July 2, 2024 the Federal Trade Commission announced that it initiated action against online used car dealer Vroom for allegedly misrepresenting that it thoroughly examined all vehicles before listing them for sale and...more

Perkins Coie

Notable Ruling Roundup - July 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

BCLP

California Ban on Hidden Fees to Take Effect; Restaurant Exception Passes

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A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more

Pierce Atwood LLP

Massachusetts Attorney General Clarifies Position on Artificial Intelligence

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The Massachusetts Attorney General’s Office (AGO) recently issued an advisory clarifying that existing Massachusetts law applies to artificial intelligence (AI) to the same extent as any other product in the stream of...more

Benesch

“Forever Chemicals:” PFAS Litigation Expands In the Consumer Class Action Space

Benesch on

There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more

Perkins Coie

Notable Ruling Roundup - May 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Perkins Coie

Notable Ruling Roundup - May 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

ArentFox Schiff

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

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The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

BakerHostetler

California Renewing Its Commitment to Its Automatic Renewal Law

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The California legislature recently renewed its efforts to regulate automatic renewal programs with proposed amendments to its Automatic Renewal Law (ARL). This development does not follow any lack of attention to this area...more

Awatif Mohammad Shoqi Advocates & Legal...

UAE Issued New Penalties Under the Consumer Protection Law

The Ministry of Economy in the UAE has recently introduced a comprehensive list of violations under Cabinet Decision No. 66/2023 concerning the Executive Regulation of Federal Law No. 15/2020 on Consumer Protection. Federal...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

Ervin Cohen & Jessup LLP

Los Angeles County Sues Grubhub for Unfair Business Practices and False Advertising

On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more

Goldberg Segalla

CA Federal District Court Grants Dismissal In Favor of Personal Care Manufacturer in PFAS Misrepresentation Action

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On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

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As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Cozen O'Connor

The State AG Report – 11.30.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • FTC Doesn’t Sugarcoat Warning Letters to Social Media...more

Cozen O'Connor

DNA Testing Firm Hit with $700K Fine for Alleged Deceptive Ads

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California AG Rob Bonta and the FTC settled with CRI Genetics, LLC to resolve allegations that the DNA testing firm violated the FTC Act and California’s Unfair Competition Law and False Advertising Law by making...more

Cadwalader, Wickersham & Taft LLP

Court Declares Austrian Airlines Liable for Greenwashing

An Austrian regional court found Austrian Airlines AG (AUA), a subsidiary of German airline Lufthansa, liable for greenwashing for advertisements offering carbon-neutral flights that used 100% sustainable aviation fuel (SAF),...more

Perkins Coie

Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases

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The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - October 2023

Setting Its Sights on Eye Health Supplement, NAD Finds Health Claims Insufficiently Supported Despite Peer-Reviewed Evidence - The National Advertising Division (NAD) recommended that an eye health supplement maker,...more

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