AD Nauseam: The Best Podcast (Fact or Puffery?)
Law Brief®: The Theranos Trial
PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
Deepfakes and Disinformation: The World of Manipulated Media
AFSA Extra Credit Podcast: Navigating Advertising During COVID-19
Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications
Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government regulators--that highlight the current focus on consumer products as a centerpiece of...more
I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more
The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Montiquento Corbett, et al. v. Pharmacare U.S., Inc., No. 3:21-cv-00137-JES-AHG (E.D. Cal. –...more
Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more
innesota AG Keith Ellison has settled investigations into multiple solar installers and advertisers for allegedly violating state consumer protection laws. The Assurances of Discontinuance (AODs) reached with Sun Badger Solar...more
“Science-washing,” or inaccurately using scientific terms in product marketing to encourage consumption, has become not only a consumer protection issue, but a threat to the reputation and long-term success of brands....more
Initial Attempt at Pinning Presence of PFAS in Coca-Cola Juice Drink as False Advertising Fizzes Out - The U.S. District Court for the Southern District of New York dismissed a plaintiff's initial complaint against...more
On July 2, 2024 the Federal Trade Commission announced that it initiated action against online used car dealer Vroom for allegedly misrepresenting that it thoroughly examined all vehicles before listing them for sale and...more
On July 8, 2024, the U.S. Food and Drug Administration (“FDA”) issued a new draft guidance for industry titled, Addressing Misinformation About Medical Devices and Prescription Drugs – Questions and Answers (hereafter,...more
On July 2, 2024, the Federal Trade Commission announced that it is taking action against a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and marketing its...more
VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more
Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more
“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more
The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For...more
Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more
California AG Rob Bonta reached a settlement with the University of Phoenix, Inc., and its parent company Apollo Education Group, Inc., to resolve claims that the University intentionally solicited servicemembers, veterans,...more
In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary...more
On today’s episode of AD Nauseam, Amy and Daniel talk about the age-old issue of when is an advertising claim puffery? Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem...more
On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more
The National Advertising Division of BBB National Programs (NAD) recommended last month that Stihl Incorporated USA (Stihl), a manufacturer of equipment and tools, discontinue or modify its unqualified “Made in America”...more
Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more