Eleventh Circuit Pries Apart Sticky Trade Dress Decision - Is Gorilla Glue throwing a monkey fit after J-B Weld’s loss is torn apart? Opposites Attract - If you’re an average, buy-it-when-you-need-it glue consumer, you’re...more
As we wait to see how the Supreme Court will rule on the FTC’s redress authority and whether the FTC will potentially be controlled by Republicans or Democrats for at least the next four years, it is worth noting that...more
“The Dog Ate My Plush Toy” Doesn’t Fly in Orca Case - Sea World prevails in bench trial when plaintiff fails to produce stuffed toy - Whale of a… Okay, okay, it’s a class action involving Sea World’s former orca shows—you...more
Supremes Deny Energy Drink Company’s First Amendment Petition - 5-Hour Energy drink maker asks to pour unsubstantiated claims down the drain - Free Speech Spotting - Not too long ago, we covered a dustup between a state...more
Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more
10/20/2020
/ Advertising ,
Breweries ,
CARES Act ,
Class Action ,
Competition ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Lenders ,
Marketing ,
Misbranding ,
NAD ,
Paycheck Protection Program (PPP) ,
Product Packaging
Just the Carefully Worded, Interminable Facts, Ma’am - FDA widens dragnet on COVID-19 drug claims - DC ‘COVID-dential’ - Let’s repeat it again in case anyone out there doesn’t know already: “Currently there are no...more
All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court strip the FTC of that authority entirely? ...more
First Amendment Rescues Butter Marketing from Regulation’s Hot, Hot Knife - Miyoko’s Kitchen can keep buttering up consumers, but must let the hormones go - Precious?...more
Hemp and CBD Supplements: Free at Last? Bipartisan sponsors introduce House bill to clear marketing haze - It’s a Mouthful - Hemp-derived and CBD product manufacturers are feeling hopeful....more
Plaintiff: Salmon Farmer’s All-Natural Claims Are, You Know, Fishy - Consumer expectations front and center in new class action against Ducktrap Salmon - Wide Net - According to its own account, Mowi, a Norwegian fish-farming...more
Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who...more
Consumers Sue Mobile App Maker Over Loot Boxes - Supercell singled out for creating a gambling space for youngsters - Too Old for This - We need a minute. Just a minute. Our heads are throbbing. We just got through looking at...more
8/31/2020
/ Advertising ,
Class Action ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Gambling ,
Games ,
In-Game Purchases ,
Loot Boxes ,
Marketing ,
Mobile Apps ,
Scams
Finally, CCPA Regs Become Final – but Wait, There's More…or Less… On Aug. 14, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Regs) under the...more
8/26/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
False Advertising ,
Federal Trade Commission (FTC) ,
Information Governance ,
Office of Administrative Law ,
Personally Identifiable Information ,
Scams ,
Social Media ,
Twitter
I’m Counting, and I Can’t Add Up! Is medical alert systems manufacturer Life Alert fudging some deadly serious numbers? League of Legends - “I’ve fallen, and I can’t get up!” The genius who cooked up this line belongs in the...more
Alleged COVID-19 Treatment Claims Land Doc in Hot Water - CSPI and friends send letters to FTC, FDA about dangerous ‘coronadvice’ - Abbondanza! - You have to hand it to Joseph Mercola. He went all in....more
Bumble Settles over Multistate Dating Lawsuit - Company allegedly renewed services without consent - All the Young Dudes - For a while there, online dating was beginning to look IRLish. ...more
Delayed Shipping Scams Get Their Turn in the Spotlight - FTC brings out MITOR for a new species of COVID-19 con - A Hundred Rip-Offs Bloom - Back at the beginning of July, the Federal Trade Commission (FTC) released stunning...more
FTC (Not) Blinded by the Light - In a first, Commission goes after low-level light therapy device makers - Chic-Light -The Willow Curve is an attractive device with all the hallmarks of contemporary design. ...more
Pablo Escobar Estate Sues Atlanta Restaurant - Eponymous eatery uses drug lord’s likeness to bump biz and sell swag - Strange Praise - You have to wonder about a restaurant that promises “tasteful ambience” but names itself...more
7/1/2020
/ Cannabidiol (CBD) oil ,
Class Action ,
Executive Orders ,
False Advertising ,
Federal Trade Commission (FTC) ,
Lanham Act ,
Manufacturers ,
Online Platforms ,
Social Media ,
Trademark Infringement ,
Trump Administration ,
Unfair Competition
Reese Witherspoon and Draper James in COVID-19 Giveaway Suit - Safety concerns heightened by virus-inspired Internet boom - Prêt à Despair -Draper James’ dress “giveaway” was a public relations disaster....more
6/24/2020
/ Advertising ,
Appeals ,
Celebrities ,
Copyright ,
Fair Use ,
Marketing ,
Personal Data ,
Photographs ,
Sweepstakes ,
TCPA ,
Telemarketing
Democrats and Republicans Unite for Children’s Data Review - Safety concerns heightened by virus-inspired Internet boom - Amityville Honor? One of the more obvious ways that the coronavirus has come to dominate our lives is a...more
Ben & Jerry’s ‘Happy Cows’ Case Comes to a Sad End - Misrepresentation claims were skim, not whole - Bovinity Divinity? We have several updates to previous stories this week, and the list kicks off with a class action brought...more
NCAA Sets College Athlete Endorsements Free - College stars will be allowed to strike deals but should expect limits - Throwing the Gates Open - It’s difficult for the sports world to generate headlines in the middle of...more
Jeff Dunham Tries to Bring Curtain Down on T-Shirt Company - Accuses ooshirts of profiting off his career, with a COVID spin - Comedy for Dummies - Think of the biggest acts in comedy. Names like Chris Rock, Amy Schumer,...more
Wait, Wait, Wait! Creekside Squeaks by With Last-Minute Advertiser Statement - FTC referral from NAD has remarkable mind-focusing benefits, it seems - Inquisition - Back in February, before the world changed, we covered a...more