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DC Court of Appeals Revives Greenwashing Suit Over Aspirational Claims

In 2021, Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company’s campaign to promote its sustainability efforts and goals amounted to greenwashing. A year later, the DC Superior Court dismissed...more

NAD Decision Considers #1 Claims

LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is ​“voted #1 by small businesses.” ZenBusiness challenged these...more

8/21/2024  /  Advertising , Marketing , NAD

NAD Decision Considers “As Seen In” Claims

LegalZoom has a box on its website with the title ​“As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more

FTC Finalizes Rule on “Fake Reviews”

Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials. With this rule, the Commission takes aim at ​“fake” reviews and testimonials by prohibiting their sale or purchase...more

Bots and False Advertising

In 2015, plaintiffs filed a lawsuit against Ashley Madison, alleging that the company had surreptitiously employed an ​“army of fembots” to lure unsuspecting men into cheating on their spouses. (You can read our coverage of...more

Cameo Settles with 30 AGs Over Endorsement Issues

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Class Action Alleges Lululemon Engages in Greenwashing

Last week, a Florida consumer filed a putative class action against Lululemon, alleging that the company’s ​“Be Planet” campaign ​“goes too far by creating the general, express, and implied impression in consumers’ minds”...more

Court Sides with Tea Drinkers in Made in USA Dispute

In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the teas are actually grown...more

NAD Decision Shows ​“Simple” Claims Can be Complicated

In the spring, we posted about a case involving a heavy dose of makeup. As the summer heat sets in, you may be thinking about a more minimalist approach to your personal care products. If so, Native has you in mind with a...more

Ninth Circuit Considers the Meaning of an ​“Up to” Claim

Energizer claimed that its AA MAX batteries are ​“up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against the...more

NAD Reviews a Song and Dance on a Porch

Jason Momoa moved into a new neighborhood and was sad because his internet hadn’t been connected. Zach Braff and Donald Faison tried to cheer him up, as good neighbors often do, by singing him a song and dancing on his porch....more

6/18/2024  /  Advertising , Internet , Marketing , NAD , T-Mobile

NAD Considers the Meaning of ​“Ultimate” Claims

Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the ​“ultimate clean,” even in the ​“toughest conditions,” and even when you ​“skip the rinse.” In my house, the pre-rinse cycle runs...more

NAD Reviews Green Claims for Trash Bags

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more

NAD Finds Disclosures for Comparative Claims Aren’t Clear

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

4/29/2024  /  Advertising , Marketing , NAD , NARB

NAD Determines a Money Back Guarantee Conveys Performance Claim

The Princeton Review advertises its MCAT preparation courses with the following copy: ​“Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation...more

Court Finds that Sunshine Reveals Puffery

Two consumers walked into supermarkets on a mission to find ​“nutritious, healthy snacks” that ​“would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned...more

10th Circuit Decision at Odds with FTC over ​“American Made” Claims

I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism....more

Courts and NAD Come to Different Conclusions on Package Disclosures

Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth...more

NAD Decision Addresses Expert Recommendations

Does Hyaluronic Acid Help to Fight Signs of Aging? At Ad Law Access, we are known just as much for the naturally youthful appearance of our writers as we are known for the quality of our content, so we don’t have any personal...more

Court Holds Reasonable Consumers Won’t be Misled by Sephora’s ​“Clean” Claims

Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word ​“clean” to describe their products. One day later, a New York federal court issued a decision in another...more

NAD Provides Guidance on “Clean” Claims

In a recent decision, NAD notes that ​“clean” claims are ​“ubiquitous in the beauty industry.” Despite that, the term doesn’t have a clear definition and reasonable minds can disagree over exactly what it means. That creates...more

3/15/2024  /  Advertising , Marketing , NAD , New Guidance

FTC Announces $2 Million Penalty over Made in USA Claims

I’ve never owned a tractor, but based on Kenny Chesney’s 1999 hit She Thinks My Tractor’s Sexy, I understand that some people find them to be quite alluring. (The same goes for farmer’s tans, but that’s more relevant to this...more

SDNY Allows False Advertising Suit Over ​“Carbon Neutral” Claims to Move Forward

A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that the...more

Top Advertising Law Developments in 2023

If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

H&M Faces New Allegations of Greenwashing

Last year, a plaintiff filed a class action lawsuit against H&M, arguing that the retailer misled consumers into thinking that its Conscious Choice collection of clothing was ​“environmentally friendly” and ​“sustainable.”...more

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