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IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

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Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 13

Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

Rascals advertises that the Hydrolock Core in its diapers ​“holds up to 25 x its weight” and ​“absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 6

Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more

BakerHostetler

Chocolate Cases Worth Melting For

BakerHostetler on

It’s time for my favorite time of the year, when all the Valentine’s Day candy goes on sale! In honor of this sugary sweet clearance sale, I wanted to recap some of our favorite NAD chocolate cases. So whether you like milk...more

BakerHostetler

[Podcast] AD Nauseam: Food, Glorious Food Pt. 2 – NAD Analysis

BakerHostetler on

On today’s episode of AD Nauseam Amy and Daniel are back to discuss more advertising cases relating to food marketing for part two of their episode, “Food Glorious Food.”...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - December 2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Fox Rothschild LLP

NAD Reiterates Health Claim Guidance

Fox Rothschild LLP on

The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more

Venable LLP

NAD Issues Decision Addressing “Clean,” “Ethically and Sustainably Sourced,” and Efficacy Claims for Amyris Clean Beauty, Inc....

Venable LLP on

Earlier this month, the National Advertising Division of BBB National Programs (NAD) recommended that Amyris Clean Beauty, Inc.’s (Amyris) Biossance skincare products modify or discontinue several claims regarding their...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

BakerHostetler

AD-ttorneys@law - December 2022 #2

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20 Years Later, TTB Agrees to Revisit Alcohol Labeling - Watchdogs claim a win, but are they being set up for a wait? Again? Anticipation - When last we left the doughty heroes of the Center for Science in the...more

Kelley Drye & Warren LLP

Food + Personal Care Litigation and Regulatory Highlights – January 2022

Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that the year has started off very...more

BakerHostetler

AD-ttorneys@law - December 2021 #2

BakerHostetler on

China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more

Kelley Drye & Warren LLP

Food Industry Regulatory and Litigation Highlights – March 2021

Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021.  The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more

BakerHostetler

AD-ttorneys@law – November 2020 #1

BakerHostetler on

“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

Kelley Drye & Warren LLP

NAD Considers Context in Puffery Argument

Kelley Drye & Warren LLP on

Stokely-Van Camp (or “SVC”), the makers of Gatorade, recently challenged claims made by BodyArmor about its SuperDrink and Lyte sports drinks, including banners with the following text...more

BakerHostetler

AD-ttorneys@law – October 2020 #2

BakerHostetler on

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

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week - August 2020

FTC Says Auto Marketing Co.'s Deceptive COVID Stimulus Ads Violate Fed Law - An automotive marketing company previously accused of bait-and-switching consumers with false promises of federal COVID-19 relief is now also facing...more

Kelley Drye & Warren LLP

NAD Urges P&G to Clean Up Detergent Claims

A recent NAD decision that focuses on detergent claims touches on some issues – including implied claims and disclosures – that are relevant to all advertisers. The decision covers a lot of ground, but we’ll focus on a few...more

Hogan Lovells

National Advertising Division Refers Supplement Advertising to FTC

Hogan Lovells on

A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Seyfarth Shaw LLP

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

Seyfarth Shaw LLP on

Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more

BakerHostetler

AD-ttorneys@law

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Scotch Jedi: American Whiskey Isn’t Going Down Smooth - Global whiskey association suit is inspired in part by one nerd’s work - The Way We Were - Time was, excessive enthusiasm for Star Wars, Middle Earth and other...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

Privacy Researchers and Experts Descend on FTC Conference - PrivacyCon 2019 panelists strike an ominous tone - Pop Quiz - OK, here’s a multiple-choice question. What is PrivacyCon? ...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

FDA Issues Guidance on Concentrated Caffeine - The U.S. Food and Drug Administration (FDA) has released guidance clarifying that "dietary supplements containing pure or highly concentrated caffeine in powder or liquid...more

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