A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more
The fashion industry is known for taking creative risks, so it is understandable that the industry is taking its next steps—literally—out of this world. Big name labels and innovative fashion start-ups are setting their...more
In a lawsuit filed on June 29, 2021, in Texas state court, a major national retailer alleges that a Texas law restricting its retail locations from selling liquor to consumers violates the Texas Constitution. The retailer is...more
Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace. Many of these advertising claims are based on the purchase of carbon credits, an...more
Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more
In May 2021, two photojournalists filed a class action lawsuit against Instagram, alleging that the social media giant allowed and encouraged third parties to ‘embed’ images shared to the platform in violation of copyright...more
Two recent antitrust decisions by federal courts offer cautionary tales for businesses and trade associations. The cases involve common antitrust trouble spots: complaints from customers, “bad emails,” and competitor boycotts...more
Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace.
Many of these advertising claims are based on the purchase of carbon offsets, an...more
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
In an attempt to align with their clients' values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable.
Both the US and the EU have started to monitor such claims and...more
With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform.
As most Americans were stuck at home during...more
The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more
Major changes to copyright law were shepherded in through the Consolidated Appropriations Act, the highly publicized pandemic relief bill passed on December 27, 2020.
Amongst these changes was the enactment of the...more
Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee.
After doing the math, a consumer...more
In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more
In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc.
The consumer alleged that the company is participating in deceptive business practices by marketing,...more
A new class-action lawsuit alleges that packaging for Anheuser-Busch’s “Rita” beverage products deceives consumers by implying that the products contain wine or distilled spirits when in fact they are flavored malt beverage...more
According to the United Nations, 127 countries have passed regulations on single-use plastic bags in an effort to incentivize consumers to use reusable bags when shopping.
The scope of these regulations varies from country...more
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Belgium ,
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Chile ,
Coronavirus/COVID-19 ,
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Italy ,
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New Zealand ,
NY Supreme Court ,
Plastic Bag Bans ,
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United Nations
The Entertainment Software Rating Board (ESRB), which administers the ratings system for video games, has launched a new warning label for use on video games that include in-game offers to purchase digital goods or premiums...more
During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently...more
The Alcohol and Tobacco Tax and Trade Bureau of the US Treasury Department published a final rule on April 2, 2020, modernizing labeling and advertising regulations for alcoholic beverages. The rule is intended to give more...more
The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more
The coronavirus (COVID-19) outbreak has led to a dramatic increase in the demand for, and a shortage of, hand sanitizer in the US. In response, the US Food and Drug Administration (FDA) and the US Treasury Department’s...more
Comparative safety claims can be a powerful advertising tool, especially when regarding products consumers cannot test themselves. For this reason, it is imperative that these claims are made with sound proof.
...more
The COVID-19 pandemic has led to widespread reports of price gouging on hand sanitizer, protective masks, gloves, and other essential supplies.
Such excessive or unconscionable price increases are illegal under state price...more