In 2015, the FTC prevailed in litigation against POM Wonderful, makers of pomegranate juice. POM Wonderful LLC, et al., v. Federal Trade Commission, 773 F.3d 487 (D.C. Cir. 2015). The case involved the FTC's assertions that...more
7/15/2024
/ Administrative Procedure Act ,
Advertising ,
Chevron Deference ,
Chevron v NRDC ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York...more
In a New York State Court lawsuit filed on March 11, 2024, a small digital content developer called Nubai sued its former adtech vendor, Outbrain, for routing to it what it called primarily sophisticated invalid traffic ...more
In a recent decision, the United States District Court for the District of Missouri dismissed a putative class action complaint against Nike, in which the plaintiff had alleged that over 2,000 products in Nike's...more
On February 28, 2024, the New York Attorney General (“NYAG”) sued JBS USA Food Company and JBC USA Food Company Holdings (collectively, “JBS”), pursuant to New York state consumer protection laws, for alleged greenwashing...more
Everyone hates “junk fees.” Just the name suggests that the junk fee refers to surprise, unnecessary charges, tacked onto advertised prices in a manner that is deceptive or unfair. The Biden Administration has announced a...more
Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more
In a diplomatically-worded report, yesterday the Association of National Advertisers (ANA) published its updated study: “Programmatic Media Supply Chain Transparency Study: Complete Report.” The report follows and updates...more
Last week, Shanghai police reportedly raided the offices of WPP subsidiary, Group M, based on allegations of bribery in the placement of media by Group M. In response to the raid, WPP reportedly fired the executive who was...more
On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their main trade association. The suit alleges generally that the defendants knew about the...more
The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more
The annual legal conference for the National Advertising Division of the Better Business Bureaus National Programs (NAD) took place over two days this week in Philadelphia. The conclave was well-attended by the advertising...more
Late last week, the United States District Court for the Southern District of California denied a motion to dismiss a putative class action alleging that Nestle had falsely advertised, in part, that its cocoa as "sustainably"...more
Major media and consultants are noting the increasing trend towards corporate “greenhushing,” that is, adopting a “radio-silence approach to environmental goals.” For example, a survey late last year reported that one in four...more
The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.”
On June 29, the FTC released final revised Endorsement Guides, the first...more
On the heels of its lawsuit against Amazon.com, the FTC filed a complaint yesterday against PCH, the marketer behind the venerable Publishers Clearinghouse organization. The complaint alleges that PCH used various deceptive...more
Between sips of rose at the Cannes Lions Awards in France this week, the ANA revealed a blockbuster report that shames the programmatic advertising industry. It purports to show that of about $88 billion spent each year by...more
The FTC made news yesterday by filing suit against Amazon for allegedly "tricking" consumers into signing up for the company's Prime service and also for allegedly "sabotaging" consumers' efforts to cancel Prime. Prime is...more
Do You Really Intend to Offer NFTs, Digital Collectibles and Virtual Goods? If Not, No Trademark -
The NFT explosion has led to a “gold rush” of thousands of new US trademark applications covering NFT-based digital files,...more
Following the Supreme Court's 2021 decision striking down the FTC's practice of using FTC Act Section 13(b) to obtain monetary redress in AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021), the FTC has been exploring...more
NAD has revised its SWIFT challenge rules to accept simple "implied" claims. The cases, for now, must still involve a single issue and the implied claims must be very obvious, akin to "necessary implication" matters....more
These days, articles about ESG are often tempered with mentions of a growing anti-ESG movement. Indeed, ESG has become a political wedge issue. The Wall Street Journal has reported that none other than Leonard Leo, of...more
In response to numerous industry requests, the FTC has extended the deadline for submitting comments to the Green Guides by 60 days, from Feb. 21, 2023, to April 24, 2023.
If the FTC decides to convert the Guides into a...more
Before law school, your academic history shows a strong interest in science, with a bachelor’s degree in biology from Yale University and a masters in marine biology from the University of Miami. Why did you decide to pursue...more
We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising.
On the hot...more
1/26/2023
/ Advertising ,
Advertising to Minors ,
Environmental Social & Governance (ESG) ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Gaming ,
Hasbro ,
Intellectual Property Protection ,
NAD ,
Retail Market