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ICYMI: A New Year and New Guidance From FTC on ‘Health Products’ Advertising

On December 20, 2022, amidst a flurry of end-of-year activity on Capitol Hill, the Federal Trade Commission’s (FTC) Bureau of Consumer Protection issued a major update of its over two-decades-old guidance titled “Dietary...more

The Risks of False Advertising When Raising Capital in the Age of COVID-19

“Fraudsters often seek to use national crises and periods of uncertainty to lure investors into scams. They may play off investors’ hopes and fears, as well as their charity and kindness, and may try to exploit confusion or...more

Models’ False Ad Suit Against Strip Clubs Moves Forward

A Connecticut federal court refused to dismiss Lanham Act false advertising claims filed by a group of models against two strip clubs that used their images without permission....more

Challenge to Tomato Origin Moves Forward

A putative class action against Cento Fine Foods (Cento) challenging the packaging and labeling representations regarding its “Certified San Marzano” tomato products will move forward after a California federal court denied...more

Bullock, DeGeneres Fight ‘Celebrity Endorsement Theft Industry’

Sandra Bullock and Ellen DeGeneres have teamed up to combat fake endorsements in a new California state court action. The two A-list celebrities, whose names and images have been repeatedly used in fake endorsements for...more

Clif Bar Survives False Ad Challenge

A California federal court dismissed a false advertising lawsuit against the makers of Clif Bars and Luna Bars that challenged their packaging for white chocolate macadamia bars....more

Self-Made ‘No GMO’ Label Fails Court Scrutiny

A California judge allowed a false advertising class action against Nestlé to move forward, denying the defendant’s motion to dismiss. The lawsuit challenges the company’s creation and use of a “No GMO Ingredients” seal on...more

New Jersey Court Reverses Dismissal of Homeopathic Flu Medicine Suit

A New Jersey appellate panel reversed dismissal of a false advertising suit challenging claims for a homeopathic flu medicine, allowing the suit to move forward....more

Eddie Bauer Fights Back Against Suit Claiming False Email Subject Lines

Email subject lines have been the subject of several lawsuits in the past several years under state spam laws. Most recently, the Washington Commercial Electronic Mail Act (CEMA) has been used as the basis of two class action...more

Class Action Challenges Retailer’s Sale Email, Pricing Model

A Washington resident has filed suit against children’s clothing retailer Carter’s over an email touting a sale price that she alleges was false and deceptive....more

TGI Friday’s Says Potato Skin, Plaintiff Says Potato Flakes

What makes a potato skin a potato skin? New York resident Solange Troncoso filed a putative class action against TGI Friday’s, Inc., alleging that the restaurant chain has duped consumers by marketing a line of “Potato...more

A Thousand Words: Getty Images Trigger Class Action

In a new putative class action complaint, a Texas-based digital media marketing company accused Getty of fraudulently claiming ownership of copyrights in public domain images and selling fictitious copyright licenses for such...more

Fake Reviews, Real FTC Action

In the first case challenging a marketer’s use of fake paid reviews on an independent retail site, the Federal Trade Commission settled with Cure Encapsulations, Inc., and its owner over dozens of phony product reviews posted...more

Kim Kardashian Sues Knockoff Site

In the latest false advertising litigation involving a member of the Kardashian family, Kim Kardashian West has filed suit against an online retailer for using her name and image without permission to sell knockoff versions...more

Asterisk Can’t Save Ad Claims, California Court Says

In a false advertising suit challenging the labeling for a dietary supplement, a California federal court ruling reinforced that a disclosure cannot save an unsupported ad claim....more

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