In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the teas are actually grown...more
A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that the...more
The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made...more
In a post last week, we looked at NAD’s review of Everlane’s green claims relating to the company’s use of recycled plastic in its products and its aspirational goals to remove virgin plastic from its entire supply chain by...more
As fashion companies begin to make more claims about what they are doing to help the environment, they need to make sure they’re in good position to support those claims with strong evidence. We previously posted about a...more
On July 13, consumers filed a class action complaint in California federal court against Bigelow Tea, alleging the company falsely and deceptively represented that its tea products were made in the United States. Plaintiffs...more
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services...more
7/16/2020
/ Advertising ,
Consumer Review Fairness Act (CRFA) ,
Coronavirus/COVID-19 ,
Customer Service Standard ,
Influencers ,
Internet Retailers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Online Reviews ,
Refunds ,
Risk Mitigation ,
Sales Promotions ,
Shipping ,
Subscription Services ,
Webinars
The National Advertising Review Board (“NARB”) recently upheld an NAD decision regarding Goya Foods, Inc.’s claim, “La Pasta Favorita de Puerto Rico” or “Puerto Rico’s Favorite Pasta,” finding that the claim was not puffery...more
Most of our posts regarding “Made in USA” claims relate to FTC investigations and enforcement actions. Private plaintiffs, however, also closely watch those claims. For example, in 2018 plaintiffs filed a class action lawsuit...more
On January 14, Plaintiffs in the consolidated case of Veera v. Banana Republic, LLC, et al., filed for approval of a preliminary class action settlement after Plaintiffs Veera and Etman successfully argued that “frustration”...more
On August 2, 2017, the U.S. District Court for the Central District of California dismissed a putative class action lawsuit against Ross Stores that accused the discount retailer of misleading promotional pricing practices....more
More than a month after the retirement of former NAD Director Andrea Levine, the Advertising Self-Regulatory Council (“ASRC”) has announced NAD’s new Director: Laura Brett. Laura Brett, who has served as NAD’s Assistant...more
With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more
3/13/2017
/ Advertising ,
Civil Monetary Penalty ,
Consumer Product Safety Commission (CPSC) ,
Continuing Legal Education ,
Corporate Liability ,
Failure to Report ,
Manufacturers ,
Marketing ,
Product Defects ,
Product Recalls ,
Retailers ,
Risk Mitigation ,
Safety Laws ,
Webinars