Navigating 2025: Regulatory Shift to the States and the FTC in the Digital Asset Landscape — The Crypto Exchange Podcast
A Conversation with NAAG President and Iowa Attorney General Tom Miller - Regulatory Oversight Podcast
What is Consumer Fraud and What Deceptions are Employed?
There are two ways to win a class action – beat it on the merits or defeat class certification. In a consumer fraud class action, a common defense strategy is to evaluate whether any unique defense applies to the claims...more
Opinions analyzing whether marketing statements are deceptive to reasonable consumers can be some of the more curious rulings to peruse. One such opinion was recently issued by the Northern District of Illinois in putative...more
Last month, TaylorMade filed a lawsuit against Callaway arguing that its competitor coordinated a marketing campaign designed to sling mud at TaylorMade and mislead both consumers and retailers into thinking that Callaway’s...more
Last month, the Oregon Attorney general announced a settlement with HelloFresh over the company’s pervasive use of the “F word” in ads. No, not that “F word”—the other one: “free.”...more
On October 30, the Pennsylvania Office of Attorney General announced a $750,000 settlement with a collectibles company resolving allegations that the business used deceptive “negative option” subscription features in...more
In April, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court...more
In a recent post about legal issues with the social casino sweepstakes model, we indicated that a recent RICO lawsuit against a social casino sweepstakes model, which also named Apple and Google, was dismissed voluntarily by...more
Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively....more
The District of Massachusetts recently issued an opinion decertifying a class of medical students formerly enrolled at Saba University School of Medicine, a for-profit medical school in the Dutch Caribbean that is...more
Arizona AG Kris Mayes settled with Cox Communications Inc. and affiliated entities to resolve allegations that the telecommunications company violated the Arizona Consumer Fraud Act by failing to adequately disclose price...more
Companies that may face consumer fraud claims in West Coast courts will want to take a close look at the Ninth Circuit’s decision this month in McGinity v. Procter & Gamble Co., __ F.4th __, 2023 WL 3911531 (9th Cir. June 9,...more
Following a public comment period, the Federal Trade Commission (FTC) recently approved a consent order resolving a complaint alleging deceptive “Made in USA” labeling and advertising practices against Chemence, Inc., a glue...more
Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more
Join us for our Advertising Litigation Monthly Highlights webinar series. On the last Tuesday of each month, our Editorial Team will do a deep dive on key decisions of interest covered in that month’s Advertising Litigation...more
On September 26, 2019, the Federal Trade Commission’s (“FTC’s” or “the Commission’s”) Bureau of Consumer Protection (“BCP”) held a public workshop on “Made in USA” and similar U.S.-origin claims for consumer goods sold in the...more
LEGISLATION, REGULATIONS & STANDARDS - Illinois Adds Sesame to Allergen-Labeling Regulations - Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law...more
House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more
House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201....more
Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more
An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more
Arizona has joined two other states in applying its consumer fraud law to pharmaceutical manufacturers. The Arizona Court of Appeals decision came in a products liability action against Medicis Corporation, related to a...more
‘Tis the season for post-holiday sales and New Year’s resolutions. Businesses may be working a little harder to lure consumers, and that means more advertising. Originally published in The Journal Record - January 2,...more