This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more
7/3/2023
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Unfair or Deceptive Trade Practices
Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that...more
Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In...more
2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more
Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more
1/12/2022
/ Advertising ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Regulatory Standards ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more
12/10/2021
/ Advertising ,
Celebrity Endorsements ,
Competition ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
NAD ,
Online Endorsements ,
Section 5 ,
Unfair or Deceptive Trade Practices
As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them on notice of civil penalties up to $43,792 per violation if they use...more
10/29/2021
/ Endorsements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Section 5 ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act. One quick update there: The...more
8/5/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Cancellation Rights ,
Damages ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Goods or Services ,
Injunctive Relief ,
Internet Retailers ,
ROSCA ,
Unfair or Deceptive Trade Practices
The Eighth Circuit recently affirmed the dismissal of a class action alleging that Unilever’s differential pricing of men’s and women’s antiperspirants violated the Missouri Merchandising Practices Act (MMPA). In doing so,...more
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
5/26/2021
/ Advertising ,
All Natural ,
Class Action ,
Class Certification ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Nutrition Facts Labels ,
Predominance Requirement ,
Unfair or Deceptive Trade Practices
The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers...more
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its...more
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
1/13/2021
/ Advertising ,
Appeals ,
Appellate Courts ,
Class Action ,
Counterfeiting ,
Disgorgement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Marketing ,
Product Labels ,
Romag Fasteners v Fossil ,
Unfair or Deceptive Trade Practices
The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more
In a putative class action concerning Experian’s marketing of its “Experian Credit Score” service, the Ninth Circuit recently affirmed a lower court order granting Experian’s motion to compel arbitration based on an...more
12/18/2020
/ Advertising ,
Arbitration ,
Arbitration Agreements ,
Article III ,
AT&T Mobility v Concepcion ,
Class Action Arbitration Waivers ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Motion to Compel ,
Putative Class Actions ,
Standing ,
Unfair or Deceptive Trade Practices
In a dispositive decision during a bench trial, federal district court Judge Nora Fischer of the Western District of Pennsylvania found that the FTC failed to present any credible expert testimony to support its suit for...more
We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more
9/1/2020
/ Advertising ,
Amended Complaints ,
Consumers Legal Remedies Act ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Motion to Dismiss ,
Product Labels ,
Putative Class Actions ,
Settlement Agreements ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more
2/8/2020
/ Advertising ,
Beverage Manufacturers ,
Brand ,
Class Action ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Food Labeling ,
Health Claims ,
Leave to Amend ,
Motion to Dismiss ,
Unfair or Deceptive Trade Practices
On December 17, 2018, Judge Andrew J. Guilford in the U.S. District Court for the Central District of California granted defendant Unilever’s motion for summary judgment, dismissing all claims in a putative class action...more
The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more
1/3/2017
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Negligent Misrepresentation ,
Nutritional Supplements ,
Pleading Standards ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more
9/30/2015
/ False Advertising ,
Food and Drug Administration (FDA) ,
Gerber ,
GNC ,
Health Claims ,
Jury Trial ,
Labeling ,
Misleading Statements ,
Pleading Standards ,
Product Labels ,
Product Packaging ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices
While California historically has a reputation as the most plaintiff-friendly forum for alleged consumer class action deceptive advertising cases, Florida is emerging as stiff competition for the title after a recent trio of...more