This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more
7/3/2023
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Unfair or Deceptive Trade Practices
It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA."
From an advertising industry perspective, this song's lasting popularity is no surprise;...more
1/17/2023
/ Advertising ,
Class Action ,
Department of Agriculture ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Misleading Statements ,
Penalties ,
Product Labels ,
USDA
Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In...more
2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more
Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more
1/12/2022
/ Advertising ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Regulatory Standards ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more
12/10/2021
/ Advertising ,
Celebrity Endorsements ,
Competition ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
NAD ,
Online Endorsements ,
Section 5 ,
Unfair or Deceptive Trade Practices
A Third Circuit panel recently affirmed a Pennsylvania district court decision in favor of defendant Innovative Designs (“IDI”) in an advertising challenge by the FTC. We previously blogged about the district court decision,...more
We recently blogged about Champion Petfoods’ success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients. Well, Champion Petfoods came back to defend its title in...more
8/11/2021
/ Advertising ,
Animal Food ,
Article III ,
Class Action ,
Evidence ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Lack of Evidence ,
Misleading Impressions ,
Standing ,
Summary Judgment
Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act. One quick update there: The...more
8/5/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Cancellation Rights ,
Damages ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Goods or Services ,
Injunctive Relief ,
Internet Retailers ,
ROSCA ,
Unfair or Deceptive Trade Practices
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
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
5/26/2021
/ Advertising ,
All Natural ,
Class Action ,
Class Certification ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Nutrition Facts Labels ,
Predominance Requirement ,
Unfair or Deceptive Trade Practices
The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers...more
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/29/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/28/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its...more
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
1/13/2021
/ Advertising ,
Appeals ,
Appellate Courts ,
Class Action ,
Counterfeiting ,
Disgorgement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Marketing ,
Product Labels ,
Romag Fasteners v Fossil ,
Unfair or Deceptive Trade Practices
The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more
In a putative class action concerning Experian’s marketing of its “Experian Credit Score” service, the Ninth Circuit recently affirmed a lower court order granting Experian’s motion to compel arbitration based on an...more
12/18/2020
/ Advertising ,
Arbitration ,
Arbitration Agreements ,
Article III ,
AT&T Mobility v Concepcion ,
Class Action Arbitration Waivers ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Motion to Compel ,
Putative Class Actions ,
Standing ,
Unfair or Deceptive Trade Practices
In a dispositive decision during a bench trial, federal district court Judge Nora Fischer of the Western District of Pennsylvania found that the FTC failed to present any credible expert testimony to support its suit for...more
A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir....more
We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more
9/1/2020
/ Advertising ,
Amended Complaints ,
Consumers Legal Remedies Act ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Motion to Dismiss ,
Product Labels ,
Putative Class Actions ,
Settlement Agreements ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more
2/8/2020
/ Advertising ,
Beverage Manufacturers ,
Brand ,
Class Action ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Food Labeling ,
Health Claims ,
Leave to Amend ,
Motion to Dismiss ,
Unfair or Deceptive Trade Practices
On December 17, 2018, Judge Andrew J. Guilford in the U.S. District Court for the Central District of California granted defendant Unilever’s motion for summary judgment, dismissing all claims in a putative class action...more
Recognizing the growing role of social media and influencers in marketing today, the Federal Trade Commission announced on April 19 that it sent more than 90 letters to social media influencers and marketing executives...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
1/3/2017
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Negligent Misrepresentation ,
Nutritional Supplements ,
Pleading Standards ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment