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Bots and False Advertising

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

NAD Considers the Meaning of ​“Ultimate” Claims

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

California Issues FAQs on Hidden Fee Law

This week, the California AG’s office released a set of FAQs on California’s law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful under the Consumer Legal Remedies Act...more

Court Finds that Sunshine Reveals Puffery

Two consumers walked into supermarkets on a mission to find ​“nutritious, healthy snacks” that ​“would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned...more

SDNY Allows False Advertising Suit Over ​“Carbon Neutral” Claims to Move Forward

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

Top Advertising Law Developments in 2023

If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

Ana De Armas Fans Move Forward on False Advertising Suit

The 2019 movie Yesterday is about a world without the Beatles. The 2022 lawsuit over Yesterday is about a movie without Ana de Armas. Two fans who each paid $3.99 to rent the movie based on seeing the actress in the trailer...more

Coca-Cola Beats False Advertising Suit Over Aspirational Claims

Last year, we posted about Earth Island Institute’s lawsuit against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest...more

11/17/2022  /  Advertising , Coca Cola , False Advertising , NAD

Man Sues Bass Pro Over Lifetime Guarantee on Socks

As heat waves spread across the country, many men are looking for opportunities to go without socks. (To those men, I might suggest a good pair of no-show socks but, like with other grooming tips, that’s beyond the scope of...more

NAD Finds That Humor Doesn’t Always Indicate Puffery

The American Association of Orthodontists ran a series of social media ads for Happy Mouth Now, a fictional teledentistry company, which showed consumers struggling with the company’s products. The ads are funny, unless you...more

Penn State Football’s Super Bowl Claims Flagged on Social Media

In the days leading up to the Super Bowl, Penn State Football tweeted a graphic claiming that “a Penn Stater has appeared in every Super Bowl.” Below that bold claim, in much smaller letters, appeared an important qualifier:...more

Peloton Faces Uphill Ride on “Ever-Growing” Claims

Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have been true...more

Court Refuses to Dismiss Lawsuit Over Kanye’s Tweet

Although we normally try to stay away from celebrity gossip, we can’t ignore the latest controversy over Kanye West’s tweet. No, not that one – the other one. In 2016, Kanye announced that he would release his album, The...more

“Local” Means Something, but What?

The “local” food movement is growing, as many consumers attempt to find fresher options, support local businesses, and reduce the environmental impact of shipping foods over longer distances. One problem, though, is that no...more

How Not to Get Burned by “First” Claims

When a company comes up with a new product or feature, it will usually want to advertise the benefits of that product or feature. If the company believes that it is also the first or only company to have that product or...more

Court Suggests Companies Can Be Liable as Soon as Claims Become Stale

It’s a common question. A company creates a product with a competitive advantage; it takes steps to substantiate a superiority claim; and, satisfied that it has met the legal standard, it bases an advertising campaign on that...more

The Fountain of Youth May Not Be Stocked With Gin

A British hotel group recently introduced “Anti-aGin Gin,” a gin that “rejuvenates the skin while you drink.” The gin was marketed to people “who want to stay young but don’t want to give up alcohol.” The company advertised...more

6/6/2016  /  Advertising , False Advertising , NAD

Never Say Never, And Other Lessons from Kanye

We didn’t comment when Kanye West interrupted Taylor Swift at the MTV Video Music Awards. And we’ve stayed silent during his other controversies. But when Kanye gets sued over false advertising, we can stay silent no longer....more

FTC Files Lawsuit Over “Made in USA” Claims

This week, the FTC filed a lawsuit against Chemence, Inc., alleging that the company is misleading consumers by claiming that many of their glues are made in the USA. ...more

Tommie Copper Hurts While the FTC Finds Relief

Tommie Copper advertised its copper-infused compression garments with the slogan: “Life Hurts. Find Relief.” Now, the company is itself hurting, after the FTC announced a settlement that requires it to pay over $1 million in...more

Fembots and False Advertising

Fembots have plagued humanity for many years. In the 1970s, fembots attempted to seize control of a weather device before they were defeated by the Bionic Woman. And in the 1990s, fembots worked with Dr. Evil until Austin...more

New NAD Decision Addresses Crowdsourced Reviews

The NAD recently determined that Euro-Pro could not support a claim that its Shark vacuum receives “more 5-star online reviews than any other vacuum brand.” To support the claim, Euro-Pro had looked at over 4,000 verified...more

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