Shreya Desai at Kilpatrick

Whisky Business? Court Lets False Ad Claims Over Fireball Malt Beverage Proceed

A federal court in the Southern District of New York recently granted motions to certify a class in a case (combining two different proposed class action cases) involving purported false advertising by Sazerac Co., Inc. The...more

10/28/2025 / Advertising , Alcohol Beverage Control , Beverage Manufacturers , Class Action , Class Certification , Consumer Protection Laws , False Advertising , Marketing , Product Labels , Unfair or Deceptive Trade Practices

Reflections on the 2025 NAD Advertising Law Conference

The recent 2025 NAD Conference provided a deep dive into many areas of advertising law. While a few sessions discussed the obvious hot-button topic of the year—artificial intelligence—there were many other timely topics...more

9/29/2025 / Advertising , Advertising Substantiation , Advertising to Minors , Disclosure Requirements , False Advertising , FTC Endorsement Guidelines , Influencers , NAD , Online Reviews , Social Media

NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

7/1/2025 / Advertising , Celebrity Endorsements , Consumer Product Companies , Endorsements , False Advertising , FTC Endorsement Guidelines , NAD , Regulatory Requirements

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

6/12/2025 / Advertising , Disclosure Requirements , Endorsements , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media , Unfair or Deceptive Trade Practices

The FDA’s “Healthy” Labeling Rules – Is Your Brand Ready for the New Standard?

The U.S. Food and Drug Administration (FDA) recently finalized its long-awaited rule redefining the use of the term “healthy” on food packaging. While the rule technically goes into effect on February 25, 2025, businesses...more

12/30/2024 / Food and Drug Administration (FDA) , Food Labeling , Labeling , Nutrition Facts Labels , Product Labels

New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote...more

3/26/2024 / Advertising , Endorsements , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media

New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims

New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more

3/13/2024 / Advertising , Environmental Claims , Green Marketing , Marketing , NAD , NARB

Greenwashing Claims - Fashionable or Fashion Faux Pas?

Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more

6/13/2023 / Advertising , Environmental Claims , Green Guides , Green Marketing , Greenwashing , Marketing , Sustainability

Shreya Desai

Kilpatrick

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