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Thirsty World Cup Fans Serve Up Reminder About Sponsorship Agreements

This week, the World Cup kicked off amidst cheers and chants from the fans who had made their way to Qatar to watch the games. Although most fans chanted in support of their teams, Ecuadorean fans in one section of Al Bayt...more

Coca-Cola Beats False Advertising Suit Over Aspirational Claims

Last year, we posted about Earth Island Institute’s lawsuit against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest...more

11/17/2022  /  Advertising , Coca Cola , False Advertising , NAD

DC Lawsuit Against the Commanders Signals Expansion of Consumer Protection Laws

Last week, Attorney General Karl Racine announced a new lawsuit against the Washington Commanders, team owner Dan Snyder, the NFL, and NFL Commissioner Roger Goodell for “colluding to deceive DC residents about an...more

NAD Decision on Debt Claims Holds Lessons Across all Industries

This week, NAD announced a decision involving various claims made by Accredited Debt Relief and its marketing agency. Although parts of the decision will likely only be of interest to companies who operate in the debt...more

Breaking Up with Celebrities

We all know a person that can be unpredictable and erratic. It can be fun to hang out with that person occasionally, because you’ll likely have funny stories to share with your friends the next morning, but you probably...more

FTC Explores New Rule to Combat Fake Reviews

The FTC has made it a priority to combat fake and misleading reviews. For example, just this year alone, the FTC announced a settlement with a retailer over its failure to post negative reviews, announced a settlement with...more

50 Cents, a Euphemistic Eggplant, and the Right of Publicity

Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed...more

Washington AG Signals Enforcement on Automatic Renewals

Earlier this week, we posted that a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The complaint alleges that the NFL used “dark patterns” to enroll consumers in its NFL+...more

NFL Hit with Automatic Renewal Lawsuit (and Hyperbole)

Last week, a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The plaintiff alleges that the company used deceptive practices to automatically subscribe its Game Pass users to a...more

SEC is the Latest Agency to Keep Up With the Kardashians

In these difficult financial times, some of us may turn to our financial advisors for advice. Others may turn to Kim Kardashian. If you fall into the latter category, you may have seen that last year, Ms. Kardashian posted a...more

NAD (Still) Doesn’t Trust Trustpilot Reviews

If a review site ranks your product as the top in a category, can you advertise that you’re “number 1” in that category? The answer may not be as simple as it seems, and two NAD cases – one from three years ago and one from...more

FTC Addresses Supplier Due-Diligence for Made In USA Claims

As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant...more

When Monsters Cross a Line (Claim)

For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and...more

FTC and Six States Take Action Against Fake Reviews and Claims

The FTC and six states just announced that they had filed a lawsuit against Roomster – a platform through which people can find rooms and roommates – along with its owners, alleging that they had “inundated the internet with...more

CARU and FTC Express Concerns about Advertising to Kids in the Metaverse

Earlier this year, CARU’s new Advertising Guidelines went into effect, including various updates that were designed to apply to digital advertising. This week, CARU issued a warning to put “advertisers, brands, influencers...more

8/24/2022  /  Advertising , CARU , Influencers , Metaverse

NAD Decision Holds Lessons for Developing Test Protocols

If you want to advertise that your product performs better than a competitor’s product, you’re likely going to have to run tests to substantiate that claim. In some cases, there may be industry standard tests that could help...more

Court Holds that Website Accessibility Doesn’t Require 100% Compliance

If you’ve ever received a demand letter alleging that your company’s website isn’t accessible to the blind or visually-impaired, it’s likely that the claimant’s attorney attached a report outlining a number of accessibility...more

H&M Sued Over Sustainability Claims

Sustainability continues to be a hot topic in the fashion industry, both in ads and in lawsuits related to those ads. Last month, a plaintiff filed a proposed class action against H&M arguing that the company makes various...more

Man Sues Bass Pro Over Lifetime Guarantee on Socks

As heat waves spread across the country, many men are looking for opportunities to go without socks. (To those men, I might suggest a good pair of no-show socks but, like with other grooming tips, that’s beyond the scope of...more

NAD Advises Better Disclosures for #1 Claim

Twilio advertises that its customer data platform is the “#1 CDP” and discloses that the claim is based on 2020 market share, as measured by the International Data Corporation. Adobe challenged the claim, arguing, in part,...more

CARU’s First Decision on “Gender-Restrictive” Ads Also Addresses Jurisdictional Issues

A California Appeals Court answered that question in the affirmative, denying a writ of mandate filed by a manufacturer on the basis that the trial court improperly denied its Motion to Quash for lack of personal...more

7/18/2022  /  Advertising , CARU , Marketing

NAD Combs Through Saturday Night Hair Claims

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

NAD Addresses Disclosure Requirements for Paid Studies

Liberty Mobile Puerto Rico advertised that it has the “best network” and the “best coverage” in Puerto Rico and disclosed that the claims were based on an “independent study” conducted by Global Wireless Solutions (or “GWS”)....more

FTC Announced Third Right to Repair Action in Three Weeks

The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was...more

Chelsea Handler Sues ThirdLove Over Endorsement Deal

Last week, Chelsea Handler filed a lawsuit against ThirdLove, alleging that the lingerie company failed to honor its contractual commitments to her and refused to compensate her for an advertising campaign it had hired her to...more

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