On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games,...more
In 2021, Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company’s campaign to promote its sustainability efforts and goals amounted to greenwashing. A year later, the DC Superior Court dismissed...more
Join Kelley Drye Ad Law attorneys for an upcoming webinar: “Why You Should Care About the FTC’s Rule on Fake Reviews.” This session will break down the final rule announced by the FTC on August 14, 2024, designed to combat...more
LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is “voted #1 by small businesses.” ZenBusiness challenged these...more
LegalZoom has a box on its website with the title “As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more
Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials. With this rule, the Commission takes aim at “fake” reviews and testimonials by prohibiting their sale or purchase...more
If you’ve watched the news recently, it’s fairly safe to predict that two things happened. First, you probably watched an announcer recount disturbing news about the current political climate. Second, following that segment,...more
In June, we summarized a number of new and pending laws specifically designed to regulate how companies display prices and fees. Although it’s important for companies to focus on those, we also noted that even in states...more
In 2015, plaintiffs filed a lawsuit against Ashley Madison, alleging that the company had surreptitiously employed an “army of fembots” to lure unsuspecting men into cheating on their spouses. (You can read our coverage of...more
“Up to” claims can be difficult to substantiate, in part, because the standard for substantiating those claims isn’t always clear. Over the years, the FTC, NAD, and courts have articulated different standards that are hard to...more
Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more
Last week, a Florida consumer filed a putative class action against Lululemon, alleging that the company’s “Be Planet” campaign “goes too far by creating the general, express, and implied impression in consumers’ minds”...more
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
Two men – we’ll call them Mario and Alin – purchased Blue Ice Vodka based, in part, on social media posts in which various influencers suggested that the vodka was a “healthy product” that can help with personal fitness and...more
The FTC is focused on ensuring that consumers have options when it comes to repairing products. Two years ago, we summarized an FTC workshop, report, Policy Statement, and three settlements on this issue. Last week, the FTC...more
Last week, the FTC released an updated version of its Complying with the Made in USA Standard business guide. The heart of the guidance remains the same: if you expressly or implicitly state that a product is Made in the USA...more
In the spring, we posted about a case involving a heavy dose of makeup. As the summer heat sets in, you may be thinking about a more minimalist approach to your personal care products. If so, Native has you in mind with a...more
Energizer claimed that its AA MAX batteries are “up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against the...more
Adobe needs no introduction. It makes the software that enables many of our readers to view this complaint and it makes the software that enables many of our non-readers to touch up photos to make themselves appear more...more
Jason Momoa moved into a new neighborhood and was sad because his internet hadn’t been connected. Zach Braff and Donald Faison tried to cheer him up, as good neighbors often do, by singing him a song and dancing on his porch....more
Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to...more
For the past several years, state AGs have been “checked-in” when it comes to hidden hotel and resort fees. (Revisit our round-up of AG actions against those fees here). To date, these enforcers have largely relied on their...more
Some have called Joey Chestnut an “American hero” for his historic achievements. By “some,” I mean the Major League Eating organization. And by “historic achievements,” I mean eating 76 hot dogs and buns in ten minutes in...more
Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more
Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the “ultimate clean,” even in the “toughest conditions,” and even when you “skip the rinse.” In my house, the pre-rinse cycle runs...more