News & Analysis as of

False Advertising

Kilpatrick

“Up To” Claims, Superiority Claims Versus Unnamed “Leading Brand,” and Influencer Disclosure Obligations

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The National Advertising Division (“NAD”) issued a new decision addressing a number of basic advertising law staples: “up to” claims, comparative superiority claims, and apples-and-oranges comparisons....more

Cozen O'Connor

Arizona AG Sues Reynolds Over Greenwashing Recycling Bags

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Arizona AG Kris Mayes sued Reynolds Consumer Products, Inc. and Reynolds Consumer Products, LLC (collectively, “Reynolds”), maker of Hefty brand trash bags, alleging that Reynolds deceptively marketed bags as recyclable and...more

Dorsey & Whitney LLP

Don’t Get Duped: The Rise of “Dupe” Litigation in the United States

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If you’ve scrolled on social media, set foot in a popular retailer, or have a teenager in your life, it’s likely you’ve heard the term “dupe” (short for “duplicate”) to describe affordable alternatives to high-end products...more

Hinch Newman LLP

How to Avoid Scrutiny When Advertising or Labeling Made in USA

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In 1997, following consumer research and public comments, the FTC published an Enforcement Policy Statement on U.S. Origin Claims to guide marketers and manufacturers that want to make an unqualified Made in USA claim under...more

Ropes & Gray LLP

Greenwashing Legislation Trends: Key Takeaways for Businesses

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On Wednesday, August 27, Ropes & Gray Litigation & Enforcement partner Alexander Simkin and associate Eileen Falk joined Sami Grover, Sustainability Communications Director at thinkPARALLAX, to discuss the intersection...more

Hudson Cook, LLP

FTC Issues Final Order Against AI Developer Over False Accuracy Claims in AI Content Detection

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On August 21, 2025, the Federal Trade Commission (FTC) issued a final Decision and Order against an artificial intelligence (AI) developer (the "Company"), concluding an enforcement action first announced in April 2025....more

Hinch Newman LLP

Primer on New York General Business Law Sections 349 and 350: Deceptive Acts and False Advertising

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In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State Senate and State Assembly.  The...more

Carlton Fields

Insurer Stripped of Coverage Defenses for Models’ Suit Against Insured Club

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Declining to find any of the insurer’s proffered exclusions applicable, a federal district court in Minnesota sided with the insured — a strip club that was sued for using models’ images without permission in its online...more

Venable LLP

Emerging Litigation Over Ultra-Processed Foods: Strategic Considerations for Food and Beverage Companies

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Manufacturers and distributors of convenience and snack foods may not want to wait until a lawsuit is filed to start building litigation defense strategies against the wave of litigation targeting the accessibility and...more

Cozen O'Connor

Texas AG Investigates Baby Food Companies Over Heavy Metals

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Texas AG Ken Paxton has launched an investigation into major baby food manufacturers over concerns that they may have violated state law by deceptively marketing and selling products that contain harmful heavy metals....more

BakerHostetler

[Podcast] AD Nauseam: Senses Working Overtime

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On today’s episode of AD Nauseam, Amy and Daniel explore how advertisers can substantiate sensory claims—such as taste, smell, and feel—through rigorous testing, with a focus on guidance from the ASTM E1958 standard and...more

Troutman Pepper Locke

FTC Orders Match Group to Pay $14M Over Alleged Deceptive Subscription Practices and Guarantee Claims

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On August 12, the Federal Trade Commission (FTC) ordered Match Group, owners and operators of online dating platforms such as Match.com, OkCupid, PlentyOfFish, The League, and others, to pay $14 million. This settlement...more

IMS Legal Strategies

Best Practices for Materiality Surveys in False or Deceptive Advertising Cases

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This article provides an overview of materiality’s important role in false and deceptive advertising law, centered around the role of consumer surveys. It explains the legal requirements for materiality under different...more

Kelley Drye & Warren LLP

NAD Finds that Cookware Claims Don’t Stick

Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without ​“forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that ​“most traditional cookware...more

Tyson & Mendes LLP

Salty Situation: Class Action Lawsuit Against Salt Manufacturer Alleges Improper Levels of Heavy Metals

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A new class action lawsuit filed in California Federal Court claims Celtic Ocean International, LLC’s Celtic Sea Salt products are contaminated with lead and arsenic, in violation of California’s Consumers Legal Remedies Act,...more

DLA Piper

FTC’s Latest AI-washing Case: A Focus on Agentic AI and Productivity Claims

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On August 25, 2025, the Federal Trade Commission (FTC) announced a new AI-washing case against Air AI, a company selling business coaching and support services. The FTC alleged that the company made deceptive marketing claims...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - August 2025

Media coverage of a leaked MAHA draft strategy, a U.S. Senate bill that would define dairy terms, a citric acid lawsuit targeting pet food, and more. U.S. Food and Drug Administration (FDA) food standards are experiencing the...more

Nelson Mullins Riley & Scarborough LLP

FTC Advertising Compliance for Foreign Manufacturers Entering the U.S. Market

As your company prepares to enter the U.S. market, it is essential to understand and comply with the Federal Trade Commission’s (FTC) advertising and labeling regulations. These rules are designed to protect consumers from...more

BakerHostetler

Patent Law Meets Ad Law: Legal Risks of Using ‘Patented,’ ‘Proprietary’ or ‘Exclusive’ in Marketing Claims

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As a reformed patent attorney, I’m always excited to explore issues that bridge patent law and advertising law. Patent issues occasionally arise in the ad tech space, especially around innovations in programmatic advertising,...more

Cozen O'Connor

The State AG Report – 08.21.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • State AGs Launch Wave of Lawsuits Over Youth Safety...more

Cozen O'Connor

Texas Has No Reservations About Settling with Booking Holdings Over Alleged Travel Junk Fees

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Texas AG Ken Paxton reached a $9.5 million settlement with Booking Holdings Inc.—the parent company of travel platforms like Booking.com, Priceline.com, and Kayak.com—to resolve allegations that the company deceptively...more

Husch Blackwell LLP

Burger King Corp.’s Motion to Dismiss Denied in Deceptive Advertising Class Action Lawsuit

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In Walter Coleman, et al. v. Burger King Corp., No. 22-20925 (S.D. Fla.), a putative class of consumers from thirteen states alleges that Burger King’s advertising for items such as the Whopper materially exaggerates portion...more

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

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This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more

IMS Legal Strategies

The Value of Consumer Surveys in Class Action Cases

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As savvy plaintiffs and defendants know, the viability of class actions relies on evidence—and surveys are the best way to generate evidence about consumer behaviors or opinions. In class actions, surveys provide evidence to...more

Holland & Knight LLP

Tracking Trends in State-Level Consumer Protection Enforcement

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement. He highlights notable actions by state attorneys general (AGs)...more

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