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Misleading Statements › False Advertising › 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

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

IMS Legal Strategies on

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

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

Sunstein LLP

May 2019 IP Update: Brewing Up a Controversy: Super Bowl Ad Provokes Clash Between Two Beer Industry Juggernauts

Sunstein LLP on

On March 21, MillerCoors—the maker of Miller Light and Coors Light— filed a complaint in federal court in Milwaukee for false advertising and trademark dilution against rival brewer Anheuser-Busch—the maker of Bud Light....more

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