News & Analysis as of

False Advertising Federal Trade Commission (FTC) Food Labeling

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - October 2023

Setting Its Sights on Eye Health Supplement, NAD Finds Health Claims Insufficiently Supported Despite Peer-Reviewed Evidence - The National Advertising Division (NAD) recommended that an eye health supplement maker,...more

BakerHostetler

AD-ttorneys@law - August 2023

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CSPI: Performance Enhancer Supplements Aren’t What They Seem - Manufacturers need to start by including the advertised ingredients - Double-Dog Dare You - Would you eat something called Rauvolfia vomitoria? No? Of...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 2

Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Nelson Mullins Riley & Scarborough LLP

FTC Looks to Revise Green Guides, Requesting Public Comments on “Organic” and “Sustainable”

The Federal Trade Commission (“FTC” or the “Commission”) is requesting public input on possible revisions to the Guides for the Use of Environmental Marketing Claims (“Green Guides” or “guides”). The Green Guides are...more

Rivkin Radler LLP

FTC Issues New Business Guidance for Marketers and Sellers of Health Products

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On December 20, the Federal Trade Commission’s Bureau of Consumer Protection announced the issuance of Health Products Compliance Guidance. The revised Guidance updates the FTC’s 1998 guide, Dietary Supplements: An...more

BakerHostetler

AD-ttorneys@law - September 2022

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CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

BakerHostetler

AD-ttorneys@law - May 2022

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NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Skadden, Arps, Slate, Meagher & Flom LLP

Food and Beverage Labeling Litigation: Recent Trends

The food and beverage industries introduced numerous technologies and products over the past year and a half that have raised new questions about advertising practices and presented novel legal issues regarding how goods are...more

BakerHostetler

AD-ttorneys@law – May 2021 #2

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BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more

Proskauer - Advertising Law

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Proskauer Rose LLP

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

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Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

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

BakerHostetler

AD-ttorneys@law – September 2020 #1

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Plaintiff: Salmon Farmer’s All-Natural Claims Are, You Know, Fishy - Consumer expectations front and center in new class action against Ducktrap Salmon - Wide Net - According to its own account, Mowi, a Norwegian fish-farming...more

Manatt, Phelps & Phillips, LLP

FTC Sends 45 Additional Warning Letters to Marketers Over Coronavirus Claims

On May 7, 2020, the Federal Trade Commission (FTC) sent an additional 45 warning letters to companies and individuals concerning allegedly unsubstantiated claims that their products can treat or prevent COVID-19. This is the...more

Seyfarth Shaw LLP

Consumer Fraud Increases in the Wake of COVID-19 and Enforcement Activities Quickly Follow

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Last week, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) ramped up their enforcement letters since they first issued COVID-19 related warning letters a month ago. ...more

Proskauer - Advertising Law

EDNY Passes on Potatoes Lawsuit

These are incredibly trying times, filled with concerns about what most of us have largely taken for granted – keeping ourselves and our families safe, being able to go to work each day, seeing loved ones and friends, and...more

BakerHostetler

AD-ttorneys@law

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Indiana AG Itchy About Scratch-Off Switcheroo - Sues direct mailing company that allegedly offered fake wins to a ton of Hoosiers - You get a car! And you get a car! Hopkins & Raines Inc. (H&R), a direct mail company...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2019

Silverman Speaks to Congressional Staff About Food Litigation Trends - Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2018 #4

Silverman Publishes “In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far” - Shook Partner Cary Silverman has authored an article for the University of Cincinnati Law Review...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #4

New in False Advertising Suits: "Natural" Claims, Healthy Beverages - Demonstrating that the focus on health-related claims has not abated, two new class actions were filed challenging the "natural" labels for deli meat...more

Nutter McClennen & Fish LLP

Check the Box to Avoid Food & Beverage Packaging Litigation

Shagha Tousi, a partner in Nutter’s Litigation Department and a member of the firm’s Business Litigation and Product Liability and Toxic Tort Litigation practice groups, addressed product packaging litigation in the food and...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2016 #3

Fake Subscription Notices, Real FTC Lawsuit - Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court. The defendants, a web of dozens of...more

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