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Lack of Substantiation Federal Trade Commission (FTC)

Proskauer - Advertising Law

Third Circuit Affirms Decision to Reject FTC’s False Advertising Claims Against Housing Insulation Company

A Third Circuit panel recently affirmed a Pennsylvania district court decision in favor of defendant Innovative Designs (“IDI”) in an advertising challenge by the FTC. We previously blogged about the district court decision,...more

ArentFox Schiff

It’s Not Easy Being Green: Companies Need to Be Careful Making Sustainability and Green Claims Without Substantiation

ArentFox Schiff on

In an attempt to align with their clients’ values, a growing number of businesses are selling products that are “ethically” sourced or “sustainable.” Both the US and the EU have started to monitor such claims and take...more

Sheppard Mullin Richter & Hampton LLP

Arizona District Court Tentatively Dismisses Axon v. FTC

On March 10, 2020, the United States District Court for the District of Arizona issued a tentative ruling denying Axon Enterprise’s motion for preliminary injunction and dismissing its complaint against the Federal Trade...more

Kelley Drye & Warren LLP

The Carrot and the Stick: FTC’s Letter Evidences Flexible Yet Firm Approach to Claim Substantiation

The Federal Trade Commission recently approved a final consent order with Carrot Neurotechnology, Inc. and its co-owners, requiring them to stop making allegedly deceptive claims that their “Ultimeyes” video game app can...more

Manatt, Phelps & Phillips, LLP

Advertising Law

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

BakerHostetler

Johns v. Bayer Corporation: Southern District of California Dismisses “Lack of Substantiation” False Advertising Class Action

BakerHostetler on

In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more

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