News & Analysis as of

Advertising Puffery Class Action

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

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Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more

BakerHostetler

AD-ttorneys@law - June 2022

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Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more

Jenner & Block

Customers Cannot Assert a Claim Based on Starbucks’s Alleged Failure to Provide the “Perfect” Coffee Experience

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On August 27, 2021, the Second Circuit upheld dismissal of a putative class action brought by Starbucks customers under New York consumer protection statutes. The plaintiffs alleged that Starbucks’s marketing materials...more

Proskauer - Advertising Law

Much A-Brew About Nothing: Court Dismisses False Ad Suit Against Starbucks

Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing...more

King & Spalding

Ninth Circuit Affirms Dismissal of “Disappointed Spectator” Class Actions Stemming from So-Called “Fight of the Century” Between...

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On November 21, the Ninth Circuit affirmed a Central District of California order dismissing with prejudice complaints filed on behalf of putative classes consisting of ticket holders and pay-per-view subscribers to the...more

Herbert Smith Freehills Kramer

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

Stinson LLP

MMPA Watch - Advertising Puffery Found Non-Actionable in Hurst v. Nissan

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The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion...more

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