News & Analysis as of

Deceptively Misdescriptive

Class cert denied in baby food false labeling case: faulty regression model to blame

by Thompson Coburn LLP on

Ever since the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend, 569 U.S. 27, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), plaintiffs’ lawyers have been clamoring to find a regression model that will support class-wide...more

The FTC and Deceptive Advertising: Is there a Biennial Trend?

by Patrick Law Group, LLC on

At the end of December 2015, the Federal Trade Commission (the “FTC”) issued a policy statement to provide guidance and examples of how to avoid deceptive advertising in native ad placements (the “2015 Policy Statement”). ...more

Berry Deceptive Claims, Dunkin’ Donuts Customer Claims

A plaintiff’s false advertising suit alleging he was deceived about the use of blueberries in Dunkin’ Donuts products will move forward after an Illinois federal court judge agreed that a reasonable consumer could have been...more

Can the ingredient list defense work? Look for ambiguity, invoke common sense

by Thompson Coburn LLP on

When faced with consumer litigation, food and beverage companies routinely point to the ingredient list in defense of front-of-package false advertising claims. The defense is essentially this: A false advertising claim based...more

Financial Services Weekly News - September 2017 #3

by Goodwin on

Editor's Note - Cybersecurity Returns to Center Stage. The Equifax breach and recent news that the Securities and Exchange Commission’s (SEC) EDGAR test filing system was hacked in 2016 have brought cybersecurity back to...more

9th Circuit rejects argument that ‘No Added Sugar’ means ‘healthy’

by Thompson Coburn LLP on

The relationship between “added sugar” and adverse health outcomes has been a subject of debate. When the FDA proposed adding a line for “added sugar” to the nutrition labels on packaged food (a requirement that has gone into...more

The Price Is Not Right: Class Action Risks of Comparative Price Advertising

“Was that retail ‘bargain’ you received really a bargain?” That is the question being asked by a recent spate of lawsuits filed against prominent retailers. Most of these actions have been brought as private party class...more

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

by King & Spalding on

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we...more

Canadian IP law and practice in 2016: reviewing the highlights

by Smart & Biggar on

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

by Perkins Coie on

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

Stuck in the Middle with the FTC

Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings. For example, in 2014,...more

Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law

If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? Can it do so without advanced disclosure?  A recent court ruling suggests the answer is “yes,” at least in New...more

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

The Polyjuice Potion Is the Worst Prescription When Branding Marijuana Businesses: Lessons Learned From In re Morgan Brown

by Lane Powell PC on

The recent Trademark Trial and Appeal Board (TTAB) decision, In re Morgan Brown, (Herbal Access) denied registration for the Herbal Access mark for a retail store legally selling marijuana products in Washington state. The...more

American Spirit Cigarettes — Tobacco is back with ad deception…

On August 27, 2015, the Food and Drug Administration sent a warning letter to Santa Fe Natural Tobacco Co. Inc. and Reynolds American Inc., the company that owns Santa Fe Natural Tobacco and produces American Spirit...more

A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds

On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act against Costco for the...more

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more

Food and Beverage Law Update: April 2016

by Holland & Knight LLP on

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

Advertising Law - April 2016 #3

SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History - Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more

Trademark Review | October 2015

by Knobbe Martens on

Barbeque Manufacturer Feels the Burn after TTAB Ruling - The Trademark Trial and Appeal Board sustained the opposition to an application to register SWISS GRILLS for lack of bona fide intent at the time of filing and for...more

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