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False Advertising Misbranding Advertising

Polsinelli

Monday Morning (Advertising) Quarterback – Unprecedented Hims & Hers Super Bowl Ad Has Legislators Concerned

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The Super Bowl is not just the biggest game of the year for football fans, but it is also one of advertising’s biggest nights. Therefore, the FDA lawyers at Polsinelli were not only tuned in to root for the Kansas City Chiefs...more

King & Spalding

2022 Year in Review: FDA Drug and Device Advertising and Promotion Enforcement

King & Spalding on

In 2022, the U.S. Food and Drug Administration (FDA or the Agency) issued a total of nine enforcement letters targeting advertising and promotion violations for prescription drugs and devices.  A summary of the noteworthy...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

A common maxim in the service industry is that the customer always knows best. But a recent decision from the Tenth Circuit suggests that the maxim has its limits when it comes to interpreting ambiguous marketing claims.  In...more

BakerHostetler

AD-ttorneys@law – November 2020 #1

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“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

Alston & Bird

Food & Beverage Digest – October 2020

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, not all Ritas are lovely, someone...more

BakerHostetler

AD-ttorneys@law – October 2020 #3

BakerHostetler on

Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more

Alston & Bird

Food & Beverage Digest – September 2020

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, not all gummies are natural, one class...more

Arnall Golden Gregory LLP

Don’t Tune Out OPDP’s Recent Warning Letter For a Violative Radio Advertisement

On August 31, 2020, the Food and Drug Administration’s Office of Prescription Drug Promotion (OPDP) sent a Warning Letter to the sponsor of a drug for a violative direct-to-consumer (DTC) radio advertisement.1   The radio...more

Proskauer - Advertising Law

Court Lets Trader Joe’s Out of Sticky Situation Over Honey Advertising

A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe’s misled its consumers about the purity of its manuka honey. Moore v. Trader Joe’s Co., No....more

Proskauer - Advertising Law

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws....more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Foley Hoag LLP - Making Your Mark

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

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