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Throwing Shade: Upscale Manhattan Bar Calls Out “Basic” Would-be Infringer

Not since Mariah Carey claimed “I don’t know her” about Jennifer Lopez has such supreme shade been thrown on public record. Filo Promotions owns a self-described “premier, well-appointed bar/lounge with a posh upscale...more

Telemarketing Giant to Pay $250,000 Penalty to FTC

InfoCision, Inc., an Akron, Ohio-based company, agreed last month to pay a $250,000 civil penalty and implement recordkeeping and monitoring practices to settle Federal Trade Commission (“FTC”) charges brought by the...more

Don’t Have a Cow! Court Dismisses GMO Labelling Suit Against Dannon

Last month, a New York federal judge dismissed a proposed class action that alleged Dannon Company, Inc. unlawfully labelled its yogurt products as “natural” when in fact the cows that produced the milk that produced the...more

2/21/2018  /  FDA , Food Labeling , Food Manufacturers , GMO

FTC Settles With Hotel Room Resellers Over Alleged Misrepresentations

Reservation Counter, LLC and its parents companies have settled Federal Trade Commission charges that they misrepresented hotel bookings and credit card charges to consumers. The proposed order bars the defendants from...more

Maine Supplements FTC Weight-Loss Enforcement Action

Marketing Architects, Inc. (“MAI”), an advertising agency specializing in direct response radio and television ads, will pay $2 million in equitable relief to the Federal Trade Commission (“FTC”) and the Office of the...more

Kentucky Fried Justice: Court Dismisses KFC Bucket Dispute

A New York District Court dismissed the complaint of Anna Wurtzburger against fast food staple KFC over the size of KFC’s $20 “fill up” bucket. Wurtzburger alleged she purchased KFC’s “fill up” bucket meal advertised as...more

Illinois Biometric Lawsuit Against Facebook Moves Through Court System

A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is...more

Keeping Your Biometrics Private

Suparossa Restaurant Group LLP, a Chicago-based restaurant company, has been served with a class action complaint alleging that the company has violated the Illinois Biometric Information Privacy Act (“BIPA”). The BIPA is an...more

NAD Refers Fungus Products to FTC and FDA

Moberg Pharma filed a NAD challenge against Kramer Laboratories, Inc. regarding the name of Kramer’s nail product. Kramer’s “Fungi-Nail Toe & Foot” product competes in the market with Moberg’s “Kerasal Fungal Nail Renewal”...more

2/2/2018  /  Advertising , FDA , FTC , NAD

Kirkland FACTA Case May Create Circuit Split

Kirkland, Inc. will face a putative class action for allegedly violating the Fair and Accurate Credit Transactions Act (“FACTA”). The plaintiffs filed their complaint against Kirkland in April 2017 for displaying the first...more

Court Says Don’t Cry Over Steamed Milk

A federal court granted Starbucks’ motion for summary judgment in a putative class action in which plaintiffs alleged Starbucks underfills lattes and mochas. The plaintiffs alleged that the underfilling of Starbucks drinks...more

Class Action Aims to Catch Canned Salmon Manufacturer for False Advertising

A class action complaint was recently filed against Bumble Bee Foods, LLC (“Bumble Bee”), the makers of canned fish and seafood. The false advertising lawsuit stems from the plaintiff’s assertion that Bumble Bee falsely...more

FTC Comes Down Hard on Mass-Mail Fraud Schemes

The Federal Trade Commission has issued a default judgment against David Raff, Millenium Direct Incorporated, and Ian Gamberg over charges alleging that they engaged in a mass-mail fraud scheme inducing mostly elderly...more

1/10/2018  /  FTC , Mail Fraud , Prizes

Judge Hits Ctrl+Alt+Delete on Facebook User Tracking MDL

Judge Edward J. Davila of the Northern District of California recently administered the coup de grâce to an expansive multidistrict litigation over Facebook’s data use policy filed in 2012. The plaintiffs alleged that...more

Preliminary Injunction Could Hinder Equinox Hotel Opening

Luxury fitness chain Equinox recently announced that it will be debuting its first fitness-oriented hotel in New York City in 2019, with additional sites planned for Los Angeles and other major cities. Certainly aware of this...more

U.S. Customs Determines Coffee Bean Country of Origin is Where Roasted

Last month, U.S. Customs and Border Protection (“CBP”) published its final determination that the country where raw green coffee beans are roasted—not necessarily grown—is their country of origin for the purpose of government...more

Just Like Grandma Used to Infringe: Trademark Battle Sparks Over “Nana”

Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed...more

Soy Vey! FDA May Revoke Soy’s Heart Health-Claim

The FDA has called into question its health claim finding a link between consumption of soy protein and reduced risk of heart disease. Since 1999, the FDA has allowed manufacturers and advertisers to label soy products with...more

Montel Williams Aims Pot Shot at Cannabis Trademark Infringers

Talk show host and cannabis mogul Montel Williams recently filed suit against multiple medical marijuana retailers under the Lanham Act and Florida state law for trademark infringement, false advertising, violations of the...more

California Toughens Automatic-Renewal Law

California’s proposed Automatic-Renewal Law (ARL) passed the state Legislature earlier this month, tightening the requirements on companies that sell subscription services with automatically renewing payments to consumers....more

CARU Refers Dave & Busters Inquiry to FTC

Last month, the Children’s Advertising Review Unit (“CARU”) referred claims by Dave & Busters Entertainment, Inc. to the Federal Trade Commission (FTC). CARU’s initial inquiry involved Dave & Busters advertising that aired...more

11/28/2017  /  Advertising , CARU , Dave & Buster's , FTC

Ride Sharing App Lyft Hit With TCPA Claim Based on Marketing Partner

Lyft, Inc. was hit with a putative class action under the Telephone Consumer Protection Act (“TCPA”) this month. The plaintiffs allege that Lyft is liable for text messages sent by Jobcase, Inc., Lyft’s marketing agency....more

11/24/2017  /  Advertising , Class Action , Lyft , TCPA , Text Messages

Celebrity Chef Sued By Certification Organization Over “Gluten-Free” Labelling

Last month, gluten intolerance advocacy group Gluten Intolerance Group (“GIG”) sued celebrity chef Jamie Oliver for trademark infringement and unfair business practices under the Lanham Act and state consumer protection laws...more

Chipped Away: Frito-Lay Removes “All Natural” Label from Products Containing GMOs

The plaintiffs in a five year old consumer class action against Frito-Lay North America and its parent company PepsiCo, Inc. got their wish earlier this month when Frito-Lay agreed to remove the “All Natural” label from its...more

New York Ballot Selfie Ban Upheld… For Now

In the first iteration of what is expected to be a hot constitutional issue, a Federal court in New York upheld New York’s ban on ballot-box selfies. The court found the law triggered strict scrutiny as the result of its...more

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