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 April 28th join INCBA's foremost thought leaders and impactful cannabis industry professionals for our INCBA Hemp Symposium. Featuring legal experts and regulators with an overview of what to expect from regulations to...more
Made-in-USA Shootout Leads to Jury Trial, $3.1 Million Judgment Novelty glassware manufacturer weaponizes FTC guidance against rival - Is Half Bulletproof Really a Thing? For the uninitiated, the shot glass in...more
In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more
On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more
In the aftermath of this year investigation against business operators not complying with the requirement of Italian law on label notification (see here), the Italian Competition Authority ("Authority") - in charge of...more
The maker of memory loss supplements must remember to change its advertising following a review by the National Advertising Division....more
Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more
"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more
LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...more
The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more
The United States Court of Appeals for the Fourth Circuit recently held that “a manufacturer cannot be liable for false advertising so long as at least one qualified expert opines that the representations made are truthful,...more
The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as...more
In This Issue: - RECENT SIGNIFICANT RULINGS ..Summary Judgment For Defendants In Juice False Advertising Suit ..Partial Class Certification Granted in “100% Natural” Cooking Oil Action ...more
The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more
Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been...more
On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to...more
On July 29, 2014, the Second Circuit decided a Lanham Act false advertising case that clarified the circuit’s jurisprudence on demonstrating consumer confusion and competitive injury. In Merck Eprova AG v. Gnosis S.P.A. and...more
Don’t Forget: FTC Settlement Over Memory Claims - The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more
In This Issue: Manatt Advertising Litigation Team Twice Defeats Efforts to Enjoin TurboTax Television Commercials; Sen. Rockefeller Tries Again with Do Not Track; NAD: Price Match Offer by Toys “R” Us Needs a Change;...more