News & Analysis as of

Advertising Unfair Competition Law (UCL)

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 12

Plaintiff Scraps False Ad Suit Claiming Joe Rogan's "Alpha Brain" Deceives Consumers - So long, Alpha Brain false advertising lawsuit—we hardly knew ye. And now that the parties in the lawsuit alleging that controversial...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

Dorsey & Whitney LLP

Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda

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The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Morrison & Foerster LLP - Class Dismissed

Health Halo Trend Continues With Poppi "Gut Healthy" Sodas

Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

Ervin Cohen & Jessup LLP

Los Angeles County Sues Grubhub for Unfair Business Practices and False Advertising

On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more

Benesch

Google Faces Eight-Figure Settlements Following Data Privacy Claims

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Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more

K&L Gates LLP

Litigation Minute: Companies Selling Products in California Must Justify Environmental Marketing Claims

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When companies make advertising claims (including websites, social media, print, and product labels) that a product is beneficial to or not harmful to the natural environment, California law requires those companies to...more

King & Spalding

Northern District of California Denies Class Certification in False Advertising Case Against Google, Concluding that Named...

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On January 10, 2022, Judge Beth Labson Freeman of the United States District Court for the Northern District of California denied Plaintiff’s motion for class certification in a case stemming from allegations that Google...more

Venable LLP

“Are You Guys Into Crypto????”: Celebrities Promoting Cryptocurrencies Become Class Action Targets

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A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more

BakerHostetler

New Suit over “Reef-Friendly” Alba Botanica Sunscreen Illustrates the Pitfalls of Advertising a Company’s Environmental...

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A new false advertising case against the maker of Alba Botanica sunscreen demonstrates the risks of marketing a company’s environmental credentials. In a recent article, “The Difficult Art of Advertising Carbon Reductions,”...more

Akin Gump Strauss Hauer & Feld LLP

Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information

In August, Viacom and a number of other app developers and ad-tech companies reached a settlement with parents who had alleged that the companies were illegally selling children’s personal information for behavioral...more

Proskauer - Advertising Law

Added Allegations of Consumer Survey Results Fail to Sweeten the Deal: Court Dismisses “White Chips” False Advertising Suit With...

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

Kelley Drye & Warren LLP

Ghirardelli Defeats White Baking Chips False Advertising Claims Premised On Faulty Survey Evidence

Last month, a California court, for a second time, dismissed a class action complaint asserting that Ghirardelli’s advertising for its “Classic White” “Premium Baking Chips” created the false impression that the product...more

Proskauer - New Media & Technology

Get All of Your Bots in a Row: 2018 California Bot Disclosure Law Comes Online Soon

During the 2016 election, certain Russian operatives used fake social media profiles to influence voters and also created bot accounts to add likes to and share posts across the internet. And more recently, in January 2019,...more

Perkins Coie

I Am Robot: California’s New Law Requires Disclosure of Use of Bots

Perkins Coie on

Businesses that use chatbots to interact with customers online may be affected by California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), that goes into effect July 1, 2019. As the nation’s first...more

Proskauer - Advertising Law

Ninth Circuit Sends Brain-Booster Claim Case Back to District Court

After Ninth Circuit review, it remains to be seen whether a nutritional supplement maker can claim that ginkgo biloba leaf extract and vinpocetine supplements improve “alertness,” “mental clarity, and memory” in the face of...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Can a company be sued under the CCPA for using...

BCLP on

Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more

Kelley Drye & Warren LLP

Pushing the Limits: Preliminary Settlement Entered in Case Against Banana Republic and The Gap after California Court of Appeals...

On January 14, Plaintiffs in the consolidated case of Veera v. Banana Republic, LLC, et al., filed for approval of a preliminary class action settlement after Plaintiffs Veera and Etman successfully argued that “frustration”...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False...

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more

Sheppard Mullin Richter & Hampton LLP

“I’ll Be Back;” Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and...

In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely labeled because the protein content of the supplements is misstated. Durnford...more

WilmerHale

California Enacts Nation’s First Anti-Bot Law

WilmerHale on

On September 28, California Governor Jerry Brown signed into law S.B. 1001, which makes it illegal “for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead...more

Proskauer - Advertising Law

Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case

The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale with a higher price advertised as a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for...

The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to...more

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