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Lawmakers Speak Out Against Ad Tax Changes

Legislators are pushing back against a proposed alteration to the tax code that would—for the first time—change the treatment of advertising expenses....more

11/17/2017  /  Advertising , Tax Code

Tito’s Taste Test Claims Leave Bad Taste for NAD

Tito’s Handmade Vodka promised to stop using claims that consumers preferred the taste of its product in a challenge brought by competitor Absolut Spirits Co. before the National Advertising Division (NAD)....more

11/10/2017  /  Advertising , False Advertising , Labeling , NAD

Retail and Consumer Products Law Roundup - November 2017

Social Media, Behavior Policies Tossed by NLRB ALJ - Why it matters - Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more

New SAG-AFTRA Waiver for Low-Budget Digital Productions

Advertisers will soon be able to take advantage of a new waiver for digital low-budget commercial productions. In a joint announcement, the Screen Actors Guild-American Federation of Television and Radio Artists...more

Jury Finds ‘Local’ Ad Claim Misses the Mark

Can a claim using the word “local” constitute false advertising? - That question was recently asked in Utah federal court as part of a recent lawsuit involving bread products. Leland Sycamore invented the formula for...more

Eleventh Circuit Has No Appetite for Non-GMO Claims

The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of Chipotle Mexican Grill in a false advertising action, holding that the plaintiff failed to demonstrate an actual injury based on the...more

Frito-Lay Drops ‘All Natural’ Labels to Settle Class Action

To settle a class action challenging advertising for chips and dip products touted as “made with all natural ingredients,” Frito-Lay North America, Inc., has agreed to change its labeling....more

NAD Hangs up on Wireless Carrier’s Crowdsourced Data Claims

Declining to rely on crowdsourced data, the National Advertising Division recommended that T-Mobile USA discontinue advertising claims about the speed of its network....more

Amazon Delivers Pricing Challenge to Arbitration

Amazon successfully moved a putative class action challenging its pricing practices to arbitration after the U.S. Court of Appeals, Ninth Circuit held that the retailer’s agreement was not unconscionable....more

Misleading Labeling Suit Continues to Brew

A putative class action alleging that Kona Brewing Co. tricked consumers into believing its beer line is locally brewed in Hawaii will move forward after a California federal court judge denied the advertiser’s motion to...more

Retail and Consumer Products Law Roundup - September 2017

NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more

California Court Tosses Challenge to Gap Outlet Labels

In a victory for outlet retailers, a California appellate panel recently tossed out a deceptive marketing and advertising suit against Gap....more

Break Me Off a Piece of That Infringement Lawsuit

Did Nestle’s recent advertising campaign for Kit Kat infringe the intellectual property rights of Atari? According to the video game company, ads for Kit Kat used one of its first games, Breakout, to illegally promote the...more

NARB Finds Something Smelly About Trash Bag Claims

The National Advertising Review Board (NARB) threw out Reynolds Consumer Products’ pricing claims for Hefty Ultra Strong trash bags, finding that the advertiser conveyed an unsupported line claim and lacked substantiation....more

9/13/2017  /  Advertising , NAD , NARB

Nail Polish Claims Should Be Wiped Off, NARB Recommends

The National Advertising Review Board (NARB) polished up a National Advertising Division (NAD) decision recommending that Coty Inc. discontinue claims for its Sally Hansen Miracle Gel Nail Polish....more

Domain Name Can Be Trademarked, Federal Court Holds

A new trademark decision that protects a mark that many in the industry thought was a generic term has made the headlines. Online hotel reservation service Booking.com sought to trademark its name for providing travel...more

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Lack of Injury Costs Plaintiffs Their Deceptive Pricing Suit

Not long after the U.S. Court of Appeals, First Circuit tossed deceptive pricing claims for lack of injury, a California federal court reached a similar result in a putative class action against Ross Stores Inc. for...more

Kids Apps Tracking Users, New Lawsuits Claim

In a pair of essentially identical lawsuits, a parent alleged that The Walt Disney Co. and Viacom Inc. ran afoul of the Children’s Online Privacy Protection Act (COPPA) by tracking her child through their apps....more

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against...more

Apple Takes Bite From Data Security False Ad Suit

Apple scored a victory in a data security suit when a California federal court judge denied a plaintiff’s motion to certify a class of consumers asserting false advertising claims....more

Advertising Law - August 2017

U.K. to Ban Gender Stereotypes in Ads - Gender stereotypes in advertising will be banned as a result of new guidelines that will be promulgated by the main advertising regulators in the United Kingdom and go into effect in...more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

Advertising Law - July 2017 #3

Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more

Advertising Law - July 2017 #2

NAD Considers Grocery Store Claims, Including Jurisdiction Question - A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more

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