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False Advertising › Influencers › Comparative Advertising

Kilpatrick

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

Kilpatrick on

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

Loeb & Loeb LLP

NAD Finds Brand Responsible to Try to Cause Take Down of Influencer's Social Media Post It Didn’t Pay For

Loeb & Loeb LLP on

The National Advertising Division (NAD) recently looked at a complaint over a social media video posted by an influencer. The interesting thing about this case is that the brand didn’t ask for the video to be posted, and the...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

Ropes & Gray LLP on

Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

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