News & Analysis as of

Unfair or Deceptive Trade Practices False Advertising Labeling

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - January 2024

2nd Circuit Affirms Something's Off With Plaintiffs' Suit Against Nature's Bounty for its Fish Oil Claims - The Court of Appeals for the Second Circuit refused to revive a class action lawsuit alleging that Nature's Bounty...more

Holland & Knight LLP

Federal Trade Commission's Glass Door into the (Made in) USA

Holland & Knight LLP on

The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...more

Wiley Rein LLP

Wiley Consumer Protection Download (April 18, 2022)

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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

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review

Williams Mullen on

Are you interested in learning the best way to advertise and promote your product and services in the competitive marketplace? On the latest episode of Trending Now - An IP Podcast, Ed White and Rob Van Arnam discuss how best...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

Kilpatrick

Second Circuit False labeling class actions viewed in context is the theory of deception

Kilpatrick on

Takeaway: In two recent cases, the Second Circuit explored the plausibility of theories of deception in false labeling/consumer fraud cases. In one case, the appellate court ruled that a plausibly false labeling statement...more

Carlton Fields

A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

Carlton Fields on

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more

Proskauer - Advertising Law

Accurate Net Weight Disclosures May Defeat Slack-Fill Claims in California

Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional “slack-fill.”...more

Troutman Pepper

State Safe Harbor Doctrines: A Life Preserver from False Advertising Claims Facing Alcohol Manufacturers?

Troutman Pepper on

Food and beverage companies, beset by lawsuits about their product labels, struggle to find consistent application of consumer protection laws across the country. The experience of one distiller and its use of one word on its...more

Stinson LLP

An Honest Struggle to Advertise "Natural" Products

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On February 12, 2016, two consumers brought a proposed New York state class action lawsuit against The Honest Company, Inc., a personal care products company co-founded by actress Jessica Alba. The lawsuit alleges that The...more

Proskauer - Advertising Law

Ruling Allows Gerber False Advertising Suit to Crawl Onward

For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015 #2

EPIC Drives Uber Complaint to FTC - Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more

Proskauer - Advertising Law

Tailoring the Suit: Plaintiffs File Amended Complaint in Nordstrom Rack Price-Tag False Advertising Lawsuit

Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices. Nordstrom Rack discloses the savings it offers customers by placing “compare at” labels on its price tags which show two...more

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