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Misleading Impressions Marketing

Klein Moynihan Turco LLP

Private Right of Action for California Email Statute Violations

Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California...more

Arnall Golden Gregory LLP

Rock You Like a Migraine: OPDP Issues Notice of Violation for Misleading Representations in TV Ad That Promoted Popular Migraine...

In 1984, the international rock band, The Scorpions, released the song, “Rock You Like a Hurricane.” Forty years later, the Food and Drug Administration’s Office of Prescription Drug Promotion rocked a pharmaceutical company...more

Arnall Golden Gregory LLP

Here We Go Again; FDA’s Back in Town Again: OPDP Issues a Second Notice of Violation in Less Than a Month

Much like how Ray Charles lamented in 1967, the pharmaceutical industry is saying, “Here we go again, she’s back in town again,” as the Food and Drug Administration issued its second Notice of Violation in a month. Last week,...more

K&L Gates LLP

Lawn and Order: Major Steps Against Greenwashing in Europe

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A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced...more

Stikeman Elliott LLP

It’s Not Easy Bein’ Green: New Greenwashing Guidance & Public Consultation

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The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Perkins Coie

Notable Ruling Roundup - June 2024

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Lindsay Finster v. Sephora USA Inc., No. 6:22-cv-01187 (N.D.N.Y. – March 15, 2024): The Northern District of New York dismissed a putative class action alleging that the marketing and labeling of defendant’s “Clean at...more

BCLP

SEC Risk Alert on Compliance with the Marketing Rule-Examination Observations

BCLP on

On April 17, 2024, the Division of Examinations (the “Division”) of the Securities and Exchange Commission (the “SEC”) published a Risk Alert entitled: “Initial Observations Regarding Advisers Act Marketing Rule Compliance”...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more

Society of Corporate Compliance and Ethics...

Environmental marketing risk

Much is made of the need for accurate reporting in accordance with recognized standards. But this month, I’m returning to a topic I briefly touched on in July 2023, when I discussed the potential for misleading images and...more

Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

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If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Klein Moynihan Turco LLP

Email Marketing Is Back!

As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more

Perkins Coie

Notable Ruling Roundup - February 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more

Perkins Coie

Notable Ruling Roundup - January 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

Knobbe Martens

FDA Issues Long-Overdue Regulations on Direct-To-Consumer Advertisements for Prescription Medications

Knobbe Martens on

On November 21, 2023, the FDA published its final rule changing how prescriptions medicines are advertised to consumers. The FDA first issued its proposed rule in 2010, which subsequently went through three public comment...more

Hendershot Cowart P.C.

FTC on Alert for Blurred Influencer Marketing Targeting Teens & Children

Hendershot Cowart P.C. on

One year ago, the Federal Trade Commission (FTC) hosted a workshop titled "Protecting Kids from Stealth Advertising in Digital Media" to address the merging of advertising and content in the digital realm and its impact on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

“Greenwashing” refers to the practice of making false or misleading claims about the environmental benefits of a product in order to represent it as more environmentally friendly than it actually is. Given consumers’...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023

Plot Twist: NAD Agrees That Advertiser Makes Implied Claims of Improved Animal Welfare – But Finds Advertiser's Claim Is Substantiated - The nonprofit organization Animal Welfare Institute (AWI) filed a challenge with the...more

Cozen O'Connor

FTC and FDA Weed Out Misleadingly Marketed THC-Containing Products

Cozen O'Connor on

The FTC and the FDA teamed up to send cease-and-desist letters to six companies alleging that their marketing of edible products containing Delta-8 tetrahydrocannabinol (THC) may violate Section 5 of the FTC Act because the...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #3

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Kari Warren v. The Coca-Cola Company, No. 7:22-cv-06907-CS (S.D.N.Y. – April 21, 2023): The...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

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The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2023: Don't WING It When It Comes to Advertising

While college basketball fans have been rushing to sports bars to eat wings and watch their teams make a run for the championship, one sports bar has been facing a class action lawsuit over its marketing of its chicken...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - December 2022 #2

LEGISLATION, REGULATIONS & STANDARDS - Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” - An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more

WilmerHale

FTC Renews Focus on Digital Dark Patterns With Release of New Staff Report

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The Federal Trade Commission (“FTC”) issued a report in September analyzing digital “dark patterns,” which are deceptive design practices that “trick or manipulate consumers into buying products or services or giving up their...more

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