The honey badger is having another round of fame, thanks to a new Lanham Act opinion from the U.S. Court of Appeals, Ninth Circuit.
In January 2011, Christopher Gordon posted a video on YouTube titled “The Crazy Nastyass...more
After BA Sports Nutrition declined to comply with the National Advertising Division’s (NAD) recommendations to modify or discontinue certain ad claims for its BodyArmor SuperDrink, the self-regulatory body referred the claims...more
Aiming to establish “a trustworthy, professional and ethical business space,” the cannabis industry’s self-regulatory organization finalized its first Advertising Standards....more
Reviewing comparative, quantified advertising for the Sonicare DiamondClean toothbrush, the National Advertising Division (NAD) recommended that the advertiser modify or discontinue claims in television and website ads for...more
For a second time, a California federal court judge has dismissed a lawsuit filed by three Apple customers alleging the tech giant falsely advertised the storage capacity of its iPhones and iPads....more
Citing a new study, a group of consumer organizations told the Federal Trade Commission (FTC) in a letter that the agency should investigate the marketing of Android apps to children....more
In the self-regulatory body’s first case under a new rule, the National Advertising Division (NAD) denied LG Electronics’ request to reopen a case and referred the claims at issue to the Federal Trade Commission (FTC) for...more
Resolving an anonymous competitor challenge, the Electronic Retailing Self-Regulation Program (ERSP) recommended that Green Chef, Inc., modify or discontinue certain claims for its meal delivery service....more
An investigation by the Federal Bureau of Investigation (FBI) into fraudulent media-buying practices has been confirmed by the Association of National Advertisers (ANA) in a letter to members about the possibility of...more
The First Amendment protects an organization that wants to run ads with images of alleged terrorists on public buses, the U.S. Court of Appeals, Ninth Circuit has ruled, reversing a Washington federal court judge....more
The National Advertising Division (NAD) announced procedural changes at the self-regulatory body’s annual conference.
Recommended by the American Bar Association Antitrust Section’s working group, the revised procedures...more
A dog food company served its customers a mixed bag of puffery and actionable claims, a New Jersey federal court determined when dismissing parts of a false advertising class while letting others move forward....more
Settling false advertising charges, Goop has agreed to pay $145,000 in civil penalties and comply with a five-year injunction, the Orange County district attorney recently announced....more
Ad industry groups and other organizations sent a letter to the state legislature with specific suggestions for revising the recently enacted California Consumer Privacy Act (CCPA)....more
Be careful about making claims that a product is the “best,” the National Advertising Division (NAD) cautioned in a new decision, recommending that Mahindra USA discontinue claims that it offered the industry’s “best”...more
Claims for an allergy medication should be discontinued because they lack the necessary support, the National Advertising Division recently recommended, despite seemingly contrary findings in prior decisions that considered...more
In appellate news, the U.S. Court of Appeals for the Second Circuit declined to consider a high-profile copyright case involving embedded links while the California Supreme Court passed on actress Olivia de Havilland’s...more
Amazon infringed on Comphy’s trademark by posting results for “inferior third-party sheets” when consumers searched for terms like “comph” and “comphy” on the Amazon site, according to a new Illinois federal court complaint....more
After considering claims made by i-Health Inc. for its Culturelle probiotic supplements, the National Advertising Division (NAD) recommended that the company discontinue television and online advertising as well as product...more
As reported in the July 5, 2018, issue of Advertising Law, the media defendants in a consumer class action, including television personality Dr. Mehmet Oz, reached a $5.25 million deal in the latest legal action involving...more
Celebrating her first anniversary as director of the National Advertising Division, Laura Brett highlighted the reduced timeline for cases the self-regulatory body has under consideration....more
The National Advertising Review Board wrinkled its nose at claims made by Schmidt’s Deodorant Co. that its products absorb or help absorb moisture or wetness and provide protection against wetness, and recommended they be...more
Robot vacuums battled it out before the National Advertising Division, with the self-regulatory body ultimately siding with iRobot in a challenge to claims made by its competitor, Bobsweep USA, about the bObsweep vacuum....more
After Conair Corp. declined to participate in a review by the National Advertising Division (NAD) of its claim that the Cuisinart brand is “The Most Trusted Name in the Kitchen,” the self-regulatory body referred the case to...more
The Children’s Advertising Review Unit (CARU) recommended that Anki add an audio disclosure to the advertising for the OVERDRIVE: Fast & Furious Edition of its app-controlled cars in order to demonstrate how the product...more