News & Analysis as of

Jurisdiction False Advertising

Bennett Jones LLP

A Report on Quebec Consumer Class Actions

Bennett Jones LLP on

On March 5, 2019, the Superior Court of Québec authorized (i.e., certified) a class action against the operators of various hotel booking websites. The plaintiff alleged that the defendants violated various provisions of...more

BakerHostetler

To NAD or Not to NAD: How Being a Challenger in a Self-Regulatory Dispute May Land You in Federal Court

BakerHostetler on

We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more

BakerHostetler

Can Your Trademark Be False Advertising?

BakerHostetler on

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more

Foley & Lardner LLP

Product Liability Trends in the Automotive Industry

Foley & Lardner LLP on

Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2023

Thank you for reading the March 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a false advertising class action lawsuit against restaurant chain Buffalo Wild Wings. In this issue: -...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2023: Don't WING It When It Comes to Advertising

While college basketball fans have been rushing to sports bars to eat wings and watch their teams make a run for the championship, one sports bar has been facing a class action lawsuit over its marketing of its chicken...more

ArentFox Schiff

Mere Puffery vs False Advertising: Recent Trends

ArentFox Schiff on

Free-range hens, sustainably sourced, and 100% Parmesan Cheese: At first glance, these phrases are indistinguishable from the countless marketing consumers encounter on a daily basis. However, in courts across the country,...more

Patterson Belknap Webb & Tyler LLP

Courts Say CBD-Product False Ad Actions Should Mellow During FDA Rulemaking Process

Over the past few months, federal courts throughout the country have stayed litigation challenging the labeling of products infused or made with cannabidiol, better known as CBD. These courts, acknowledging that labeling and...more

Patterson Belknap Webb & Tyler LLP

What You Do Know Can’t Hurt You: Standing and the Illinois Biometric Privacy Act

The Illinois Biometric Information Privacy Act (“BIPA”) protects individuals against the unlawful collection, storage and use of their “biometric” information. Under BIPA, plaintiffs may bring claims against companies for...more

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more

Perkins Coie

PC Food Litigation Index: November 2018

Perkins Coie on

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Seyfarth Shaw LLP

Nixing Nationwide Class Action Claims: Federal Court Ruling Provides Blueprint For Businesses

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - National Advertising Division (NAD) and National Advertising Review Board (NARB)

The Colgate-Palmolive Company (Tom’s of Maine “Naturally Dry” Antiperspirant), NARB Panel Report No. 215 (Jan. 25, 2017) - A National Advertising Review Board (NARB) panel determined that the National Advertising...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 1

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

Perkins Coie

Food Litigation Newsletter - April 22, 2014

Perkins Coie on

In This Issue: - Decisions ..Court Dismisses In Part for Lack of Specificity ..Court Dismisses Evaporated Cane Juice Claims Where Labels Disclosed Sugar Content ..Court Dismisses In Part for Lack of...more

Sheppard Mullin Richter & Hampton LLP

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

Perkins Coie

Food Litigation Newsletter - August 5, 2013

Perkins Coie on

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear Naked ...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide