News & Analysis as of

Unfair or Deceptive Trade Practices Fashion Industry

Holland & Knight LLP

It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

Holland & Knight LLP on

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more

BakerHostetler

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

BakerHostetler on

The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more

Eversheds Sutherland (US) LLP

Dressed to kill: Greenwashing litigation continues to challenge fashion retailers' sustainability claims

Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

BakerHostetler on

FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

Manatt, Phelps & Phillips, LLP

Online Fashion Retailer Fined by FTC for Suppressing Negative Reviews

The Federal Trade Commission (FTC) has fined online fashion retailer Fashion Nova $4.2 million to settle allegations that the company blocked negative reviews of its products from being posted on its website. The FTC said...more

Proskauer - Advertising Law

More Than “Puffery”: Claims Against Canada Goose Survive Motion to Dismiss

Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more

ArentFox Schiff

Mind the Gap: Retail Pricing Remains Hot Topic in Class Action Litigation

ArentFox Schiff on

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more

Orrick, Herrington & Sutcliffe LLP

FTC Puts Teeth into Native Ads Guidance: Lord & Taylor Settles Deceptive Ad Claim

Last week, fashion retailer Lord & Taylor reached a settlement with the FTC over its allegedly deceptive advertising campaign, the first such action since the FTC released its Enforcement Policy Statement on Deceptively...more

Morgan Lewis

FTC Complaint Highlights the Need to Disclose Material Connections in Ads

Morgan Lewis on

The recent complaint highlights the importance of clearly and conspicuously disclosing material connections between advertisers and paid influencers, including in social media posts or in native ads. ...more

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