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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

NAD Challenge Addresses Disclosures for Money-Back Guarantees

Money-back guarantees can often be subject to detailed terms and conditions. When advertising those guarantees, clients often ask us how much has to be disclosed in an ad itself, versus how much can be disclosed on a landing...more

12/21/2022  /  Advertising , Disclosure , NAD

FTC Starts Process of Updating Green Guides

Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more

Lawsuit Over Crypto Promotion Targets Celebrity Endorsements

Imagine a “vast scheme between a blockchain start-up company,” a “highly-connected Hollywood talent agent,” and a “front operation,” who all united “for the purpose of promoting and selling a suite of digital assets.” No,...more

Savage X Fenty to Pay $1.2 Million to Settle Automatic Renewal Suit

Rihanna’s Savage X Fenty is an online subscription service that sells women’s lingerie. Like many other subscription services, they have faced scrutiny over how they advertise automatic renewals. In February 2020, Tina.org...more

NAD Reviews Blue Apron’s Easy Cancelation Claims

Programs that automatically renew have been under a lot of scrutiny lately. Although the focus of scrutiny has often been on how people sign up, both regulators and plaintiffs’ attorneys have also been paying attention to how...more

NAD Takes Strict View of Green Claims

In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those...more

FTC and States Settle with Google and iHeartMedia Over Misleading Endorsements

In January, we reported that the Texas Attorney General had filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it....more

Hurried Woman Sues Over Cook Time Instructions

Time is money, and when you’re hungry for mac-and-cheese, a few seconds can be worth millions of dollars. Or at least that’s what a Florida woman suggests in her class action lawsuit against Kraft Heinz over a claim on...more

NAD Worries Consumers May Take Megan Thee Stallion Too Seriously

Imagine that Megan Thee Stallion told you that by investing as little as $1 in Bitcoin, with her knowledge and your hustle, “you’ll have your own empire in no time.” Would you think that $1 is all you need to amass a fortune?...more

11/28/2022  /  Advertising , Bitcoin , Celebrities , NAD

Coca-Cola Scores Second Win over Green Claims in One Month

This month, the DC Superior Court dismissed a lawsuit brought by Earth Island Institute against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite...more

Thirsty World Cup Fans Serve Up Reminder About Sponsorship Agreements

This week, the World Cup kicked off amidst cheers and chants from the fans who had made their way to Qatar to watch the games. Although most fans chanted in support of their teams, Ecuadorean fans in one section of Al Bayt...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

DC Lawsuit Against the Commanders Signals Expansion of Consumer Protection Laws

Last week, Attorney General Karl Racine announced a new lawsuit against the Washington Commanders, team owner Dan Snyder, the NFL, and NFL Commissioner Roger Goodell for “colluding to deceive DC residents about an...more

NAD Decision on Debt Claims Holds Lessons Across all Industries

This week, NAD announced a decision involving various claims made by Accredited Debt Relief and its marketing agency. Although parts of the decision will likely only be of interest to companies who operate in the debt...more

Breaking Up with Celebrities

We all know a person that can be unpredictable and erratic. It can be fun to hang out with that person occasionally, because you’ll likely have funny stories to share with your friends the next morning, but you probably...more

FTC Explores New Rule to Combat Fake Reviews

The FTC has made it a priority to combat fake and misleading reviews. For example, just this year alone, the FTC announced a settlement with a retailer over its failure to post negative reviews, announced a settlement with...more

50 Cents, a Euphemistic Eggplant, and the Right of Publicity

Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed...more

Washington AG Signals Enforcement on Automatic Renewals

Earlier this week, we posted that a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The complaint alleges that the NFL used “dark patterns” to enroll consumers in its NFL+...more

NFL Hit with Automatic Renewal Lawsuit (and Hyperbole)

Last week, a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The plaintiff alleges that the company used deceptive practices to automatically subscribe its Game Pass users to a...more

SEC is the Latest Agency to Keep Up With the Kardashians

In these difficult financial times, some of us may turn to our financial advisors for advice. Others may turn to Kim Kardashian. If you fall into the latter category, you may have seen that last year, Ms. Kardashian posted a...more

NAD (Still) Doesn’t Trust Trustpilot Reviews

If a review site ranks your product as the top in a category, can you advertise that you’re “number 1” in that category? The answer may not be as simple as it seems, and two NAD cases – one from three years ago and one from...more

FTC Addresses Supplier Due-Diligence for Made In USA Claims

As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant...more

When Monsters Cross a Line (Claim)

For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and...more

FTC and Six States Take Action Against Fake Reviews and Claims

The FTC and six states just announced that they had filed a lawsuit against Roomster – a platform through which people can find rooms and roommates – along with its owners, alleging that they had “inundated the internet with...more

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