News & Analysis as of

New York False Advertising

Cozen O'Connor

All AGs Settle with Purdue Pharma over Opioid-Related Claims

Cozen O'Connor on

All 55 AGs from the states and territories have settled with Purdue Pharma, Inc., and its owners, members of the Sackler family, to resolve allegations related to the company’s role in fueling the opioid crisis....more

Cozen O'Connor

New York AG’s Lawsuit Against TikTok Survives Motion to Dismiss

Cozen O'Connor on

New York AG Letitia James obtained an order denying TikTok Inc.’s motion to dismiss a lawsuit brought by AG James against the company and affiliated entities, alleging that they violated state consumer protection laws by...more

Freiberger Haber LLP

Licorice Sticks and New York’s General Business Law

Freiberger Haber LLP on

In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether a front-of-the-package label on the Twizzlers candy wrapper violated General...more

Cozen O'Connor

NY Brings Down Hammer on CapitalOne Over “High Interest” Savings Accounts

Cozen O'Connor on

New York AG Letitia James sued Capital One N.A. and Capital One Financial Corporation (collectively, “Capital One”) over alleged violations of state and federal consumer protection laws stemming from the marketing of their...more

Ballard Spahr LLP

New York AG sues payday lenders MoneyLion and DailyPay

Ballard Spahr LLP on

New York Attorney General Letitia James has sued payday lenders MoneyLion Inc. and DailyPay Inc. in New York state court, alleging that the two companies took advantage of tens of thousands of New Yorkers....more

Orrick, Herrington & Sutcliffe LLP

New York attorney general files two complaints against wage access providers

On April 14, the Attorney General (AG) for the State of New York filed two complaints in the New York State Supreme Court, alleging two earned wage access (EWA) providers violated civil and criminal usury provisions, as well...more

Sheppard Mullin Richter & Hampton LLP

New York AG Sues Earned Wage Access Companies for Allegedly Unlawful Lending Practices

On April 14, New York Attorney General Letitia James announced two separate lawsuits against earned wage access providers—one against a company that issues advances directly to consumers, and another targeting a provider that...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 8

New York State Bill Aims To Take a Bite Out of Junk Food Ads for Kids - New York state lawmakers recently introduced a bill to restrict false and misleading advertising of "junk" food to children. They say the purpose of...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 6

Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more

Jones Day

New York Courts Shut Down Consumer Protection Claims Regarding Greenwashing

Jones Day on

The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more

ArentFox Schiff

ESG Update: Three Climate Change Decisions to Watch as the Temperature Rises

ArentFox Schiff on

Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more

A&O Shearman

New York Attorney General Sues Beef Processing Company In “Greenwashing” Complaint Alleging The Company Publicized Unrealistic...

A&O Shearman on

On February 28, 2024, the New York Attorney General filed suit against one of the world’s largest beef processing companies (the “Company”), alleging that the Company engaged in deceptive business practices and false...more

Troutman Pepper Locke

New York AG Sues Top Beef Producer for Alleged False “Net-Zero” Claims and Deceptive Trade Practices

Troutman Pepper Locke on

New York Attorney General (AG) Letitia James is suing JBS USA Food Company and JBS USA Food Company Holdings under New York’s consumer protection laws for allegedly attempting to boost consumer sales by making sustainability...more

Jones Day

New York's Recipe for Food Marketing: Next Course of Restrictive State Actions?

Jones Day on

A New York Senate bill seeks to amend multiple state laws impacting food and beverage advertising to expand the scope of factors to be considered in determining whether an advertisement is false or misleading....more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023 #5

Perkins Coie on

Kenneth Telesco v. Starbucks Corp., No. 7:22-cv-02687-NSR (S.D.N.Y. – July 18, 2023): The Southern District of New York granted dismissal of a putative class action alleging defendant misled consumers into believing that a...more

Lippes Mathias LLP

NY Attorney General Relies on General Business Law, False Advertising Rules as Formidable Weapons in its Legal Arsenal

Lippes Mathias LLP on

The New York State Attorney General has increasingly turned to one of the most powerful legal options in its arsenal to extract significant financial penalties from companies doing business in New York. In New York,...more

Shook, Hardy & Bacon L.L.P.

“Fudge Covered Oreo” Lawsuit Dismissed

A New York court has dismissed with prejudice a complaint alleging that Mondelez Global misleads consumers by selling “Fudge Covered” Oreos produced without dairy ingredients containing milkfat. Leonard v. Mondelez Global...more

Jenner & Block

Three Strikes, You’re Out! New York Federal Courts Reject Three Implausible Mislabeling Actions

Jenner & Block on

New York federal courts have recently shown a willingness to dismiss implausible mislabeling claims on the pleadings. The recent dismissal of three consumer class actions—all filed by the same plaintiff’s counsel—suggests...more

Faegre Drinker Biddle & Reath LLP

Challenging Price Premium Allegations Can Pay Off for Defendants

Motions to dismiss in consumer fraud cases often focus on the element of deception—whether a reasonable consumer would be deceived by the statement or practice at issue. But there is another element of statutory consumer...more

King & Spalding

Second Circuit Affirms Dismissal of False Advertising Class Action, Holding That Registering to Do Business in New York Does Not...

King & Spalding on

On March 31, the Second Circuit upheld the Eastern District of New York’s dismissal of false advertising claims against Dunkin Donuts, rejecting the out-of-state plaintiffs’ claims for lack of personal jurisdiction. The...more

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