AD Nauseam: The Best Podcast (Fact or Puffery?)
JONES DAY TALKS®: Straight Talk About False Advertising: What Every Lawyer Needs to Know
5 Key Takeaways | The Law of Advertising
NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights....more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...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 it rains, it pours! We just wrote about the National Advertising Division’s (NAD) beef jerky case finding that most claims of “clearly better” were boastful puffs and not comparative claims. But before we fully digested...more
It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more
Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that “a bigger briquet is a better briquet” and that the briquets provide “the best...more
While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more
FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more
If you want to advertise that something is the “best,” do you need substantiation? Or can you rely on a puffery argument? Although the answer depends on context, one paragraph in a recent NAD decision seems to conflict with...more
Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more
My law firm picture was taken on a Tuesday morning, but I’ve always lamented that the photographer wasn’t available to take it on a weekend, which would have given me a better opportunity to showcase my Saturday night hair....more
Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more
False or misleading advertising, also known as commercial disparagement or trade libel, is generally actionable under federal law, state law, and common law. For example, on the federal level, false or misleading advertising...more
On August 27, 2021, the Second Circuit upheld dismissal of a putative class action brought by Starbucks customers under New York consumer protection statutes. The plaintiffs alleged that Starbucks’s marketing materials...more
Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s...more
Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing...more
Claims by BodyArmor Nutrition, LLC, for BodyArmor SuperDrink and BodyArmor Lyte sports drink were challenged by Stokely-Van Camp, Inc. (SVC), maker of Gatorade sports drinks, at the National Advertising Division (NAD)....more
A putative class action challenging advertising claims for skin care products will move forward after a California federal court judge denied the defendants’ motion for summary judgment. Plaintiffs Kari Miller and Samantha...more
On November 21, the Ninth Circuit affirmed a Central District of California order dismissing with prejudice complaints filed on behalf of putative classes consisting of ticket holders and pay-per-view subscribers to the...more
Kilpatrick Townsend partners Ty Lord and Laura Miller and Jeremy Liebman, Senior Counsel at Krispy Kreme, recently discussed “The Law of Advertising” at an Association of Corporate Counsel CLE (Charlotte Chapter)....more
The National Advertising Division (NAD) has recommended that an advertiser discontinue performance claims for its pepper spray in a challenge brought by a competitor....more
The National Advertising Review Board (NARB) agreed with the National Advertising Division (NAD) that Goya Foods Inc. failed to support its objective preference claim that its Excelsior brand pasta is “La Pasta favorita de...more
The line between what’s an objective claim (which does require proof) and puffery (which does not require proof) isn’t always clear, and reasonable minds can differ as to on which side of the line a claim belongs. When the...more
Weighing in on a pasta advertising dispute, the National Advertising Division (NAD) recommended that Goya Foods discontinue claims that its Excelsior brand pasta was “Puerto Rico’s favorite pasta” in a challenge brought by...more
On March 18, 2019, the Washington Court of Appeals upheld a trial court’s decision that three advertising campaigns for 5-Hour Energy® made by Living Essentials, LLP and Innovative Ventures, LLP (collectively, Living...more