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Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 5 Why Fashion Brands and Companies Succeed and Why They Fail

Having written first about launching a brand, I now turn to growing and sustaining the brand. In my second article, I wrote about my unsuccessful efforts to convince the Sergio Valente jeans company to reach out to the then...more

Kelley Drye & Warren LLP

Class Action Alleges Lululemon Engages in Greenwashing

Last week, a Florida consumer filed a putative class action against Lululemon, alleging that the company’s ​“Be Planet” campaign ​“goes too far by creating the general, express, and implied impression in consumers’ minds”...more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

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The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

Katten Muchin Rosenman LLP

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Clark Hill PLC

Understanding Licensing Arrangements in the Consumer Goods Industry

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Because the consumer goods industry thrives on brand recognition, many businesses seek to expand their market presence and leverage their established intellectual property through licensing. This typically occurs through...more

Sheppard Mullin Richter & Hampton LLP

Lizama et al. v. H&M: A Lesson in Artful Crafting of Green Claims

Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s...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

Eversheds Sutherland (US) LLP

Out of Vogue: Greenwashing litigation on the rise for fashion retailers

As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more

ArentFox Schiff

Green and Bear it: Class Action Alleges "Greenwashing" By Fast Fashion Company

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On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week, August 22

Jumping in on the sustainability litigation trend, a class action lawsuit alleges that clothing brand H&M is falsely advertising the sustainability of its clothing as part of a "greenwashing campaign." Plaintiff claims H&M's...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

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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

Morrison & Foerster LLP

Truly Green or Emperor’s New Clothes? - The UK CMA Targets Fast Fashion First In Its Investigation of Sustainability Claims

On 29 July 2022, the UK Competition and Markets Authority (CMA) launched an investigation into three fashion firms over potentially misleading eco-friendly and sustainability claims about their products....more

Kelley Drye & Warren LLP

New NAD Case Addresses Green Claims in Fashion Industry – Part 2

In a post last week, we looked at NAD’s review of Everlane’s green claims relating to the company’s use of recycled plastic in its products and its aspirational goals to remove virgin plastic from its entire supply chain by...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 5 - Spring 2021

Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 4 - Fall 2020

Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Sheppard Mullin Richter & Hampton LLP

Kim Kardashian West Won the First CFDA Influencer Award: Will A CGI Supermodel Be Next?

It is no secret that the world of fashion is full of surprises. On Monday, June 4, 2018, Kim Kardashian West won the Council of Fashion Designer of America (“CFDA”) first-time Influencer Award and commented: “I’m kind of...more

Sheppard Mullin Richter & Hampton LLP

Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety...more

Coblentz Patch Duffy & Bass

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more

Goulston & Storrs PC

A “New World” of Fashion and Food

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In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters...more

Sheppard Mullin Richter & Hampton LLP

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

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