News & Analysis as of

Puffery Advertising

BakerHostetler

NAD 2024 Recap

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NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights....more

Kilpatrick

5 Key Takeaways - Puffery Versus Objective Claims in Advertising: Five Takeaways from the 2024 National Advertising Division...

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Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more

BakerHostetler

AD Nauseam: The Best Podcast (Fact or Puffery?)

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On today’s episode of AD Nauseam, Amy and Daniel talk about the age-old issue of when is an advertising claim puffery? Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more

BakerHostetler

Drink It In: NAD Showers Us with Another ‘Best’ Claim Case

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When it rains, it pours! We just wrote about the National Advertising Division’s (NAD) beef jerky case finding that most claims of “clearly better” were boastful puffs and not comparative claims. But before we fully digested...more

BakerHostetler

A Meaty New Puffery Case to Sink Your Teeth Into

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It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Better” and ​“Best” Claims are Puffery

Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that ​“a bigger briquet is a better briquet” and that the briquets provide ​“the best...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Kelley Drye & Warren LLP

Best Guesses for “Best” Claims

If you want to advertise that something is the “best,” do you need substantiation? Or can you rely on a puffery argument? Although the answer depends on context, one paragraph in a recent NAD decision seems to conflict with...more

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

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Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more

Kelley Drye & Warren LLP

NAD Combs Through Saturday Night Hair Claims

My law firm picture was taken on a Tuesday morning, but I’ve always lamented that the photographer wasn’t available to take it on a weekend, which would have given me a better opportunity to showcase my Saturday night hair....more

BakerHostetler

AD-ttorneys@law - June 2022

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Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more

McAfee & Taft

Then I’ll huff, and I’ll puff, and it’ll be fine

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False or misleading advertising, also known as commercial disparagement or trade libel, is generally actionable under federal law, state law, and common law. For example, on the federal level, false or misleading advertising...more

Jenner & Block

Customers Cannot Assert a Claim Based on Starbucks’s Alleged Failure to Provide the “Perfect” Coffee Experience

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On August 27, 2021, the Second Circuit upheld dismissal of a putative class action brought by Starbucks customers under New York consumer protection statutes. The plaintiffs alleged that Starbucks’s marketing materials...more

BakerHostetler

[Podcast] AD-ttorneys@law: False Advertising or Just Puffing?

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Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s...more

Proskauer - Advertising Law

Much A-Brew About Nothing: Court Dismisses False Ad Suit Against Starbucks

Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing...more

Manatt, Phelps & Phillips, LLP

NAD Resolves Dispute Between Competing Sports Drinks

Claims by BodyArmor Nutrition, LLC, for BodyArmor SuperDrink and BodyArmor Lyte sports drink were challenged by Stokely-Van Camp, Inc. (SVC), maker of Gatorade sports drinks, at the National Advertising Division (NAD)....more

Manatt, Phelps & Phillips, LLP

Judge Denying Summary Judgment Promises Demonstration of Challenged Ad Claims for Jurors

A putative class action challenging advertising claims for skin care products will move forward after a California federal court judge denied the defendants’ motion for summary judgment. Plaintiffs Kari Miller and Samantha...more

King & Spalding

Ninth Circuit Affirms Dismissal of “Disappointed Spectator” Class Actions Stemming from So-Called “Fight of the Century” Between...

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On November 21, the Ninth Circuit affirmed a Central District of California order dismissing with prejudice complaints filed on behalf of putative classes consisting of ticket holders and pay-per-view subscribers to the...more

Kilpatrick

5 Key Takeaways | The Law of Advertising

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Kilpatrick Townsend partners Ty Lord and Laura Miller and Jeremy Liebman, Senior Counsel at Krispy Kreme, recently discussed “The Law of Advertising” at an Association of Corporate Counsel CLE (Charlotte Chapter)....more

Manatt, Phelps & Phillips, LLP

Cover Your Eyes: NAD Recommends Pepper Spray Discontinue Claims

The National Advertising Division (NAD) has recommended that an advertiser discontinue performance claims for its pepper spray in a challenge brought by a competitor....more

Manatt, Phelps & Phillips, LLP

Not the NARB’s Favorite: Pasta Claims Should Be Discontinued

The National Advertising Review Board (NARB) agreed with the National Advertising Division (NAD) that Goya Foods Inc. failed to support its objective preference claim that its Excelsior brand pasta is “La Pasta favorita de...more

Kelley Drye & Warren LLP

NAD Opines on “Favorite” Claims

The line between what’s an objective claim (which does require proof) and puffery (which does not require proof) isn’t always clear, and reasonable minds can differ as to on which side of the line a claim belongs. When the...more

Manatt, Phelps & Phillips, LLP

‘Puerto Rico’s Favorite Pasta’ Is Not Puffery, NAD Says

Weighing in on a pasta advertising dispute, the National Advertising Division (NAD) recommended that Goya Foods discontinue claims that its Excelsior brand pasta was “Puerto Rico’s favorite pasta” in a challenge brought by...more

McDermott Will & Emery

Washington Court of Appeals Upholds Multi-Million Dollar Fine for 5-Hour Energy Advertising Claims

On March 18, 2019, the Washington Court of Appeals upheld a trial court’s decision that three advertising campaigns for 5-Hour Energy® made by Living Essentials, LLP and Innovative Ventures, LLP (collectively, Living...more

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