Can a defendant dodge liability for false advertising by arguing that the plaintiff failed to allege she paid more for the product at issue than it was actually worth?...more
A California federal court permitted a false advertising suit challenging an “up to” claim about an herbicide product to move forward after concluding that some consumers might have been confused about the labeling....more
The New York attorney general’s false advertising suit challenging Time Warner Cable’s (TWC) speed claims is not preempted by Federal Communications Commission (FCC) regulations, a New York federal judge has ruled....more
An Illinois federal court chopped down the plaintiff's putative class action over the size of The Home Depot's lumber, granting the defendant's motion to dismiss....more
The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a class action challenging the size of Starbucks iced drinks, and agreed with a district court judge that no reasonable consumer would believe an iced...more
A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more
Tipping its hat to the Enforcement Policy Statement on U.S. Origin Claims, the Federal Trade Commission (FTC) filed suit against Bollman Hat Co. and a subsidiary for deceiving consumers with “Made in USA” claims for its hats...more
In the latest deceptive pricing class action resolution, Ann Taylor has agreed to pay more than $6 million to settle a challenge to the sales tags at its outlet stores....more
Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action.
Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...more
Tito’s Handmade Vodka promised to stop using claims that consumers preferred the taste of its product in a challenge brought by competitor Absolut Spirits Co. before the National Advertising Division (NAD)....more
Can a claim using the word “local” constitute false advertising? -
That question was recently asked in Utah federal court as part of a recent lawsuit involving bread products. Leland Sycamore invented the formula for...more
The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of Chipotle Mexican Grill in a false advertising action, holding that the plaintiff failed to demonstrate an actual injury based on the...more
Amazon successfully moved a putative class action challenging its pricing practices to arbitration after the U.S. Court of Appeals, Ninth Circuit held that the retailer’s agreement was not unconscionable....more
NLRB Upholds Retailer’s Rules on Confidential Customer Information -
Why it matters -
Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more
10/2/2017
/ CLRA ,
Customer Information ,
Customer Privacy ,
False Advertising ,
Gap Inc ,
Infringement ,
Intellectual Property Protection ,
Nestle ,
NLRA ,
NLRB ,
Price Gouging ,
Retailers ,
Section 7 ,
Subway ,
Unfair Competition
In a victory for outlet retailers, a California appellate panel recently tossed out a deceptive marketing and advertising suit against Gap....more
Not long after the U.S. Court of Appeals, First Circuit tossed deceptive pricing claims for lack of injury, a California federal court reached a similar result in a putative class action against Ross Stores Inc. for...more
In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury.
In separate cases—one against...more
Apple scored a victory in a data security suit when a California federal court judge denied a plaintiff’s motion to certify a class of consumers asserting false advertising claims....more
NAD Considers Grocery Store Claims, Including Jurisdiction Question -
A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more
FTC Jumps on Trampoline Marketing -
The Federal Trade Commission (FTC) bounced purportedly misleading trampoline marketing claims in a new administrative consent order.
Son “Sonny” Le and his brother Bao “Bobby” Le...more
FTC Emphasizes Disclosures in Letters to Influencers, Marketers -
Influencers and marketers must clearly disclose their relationships, the Federal Trade Commission reiterated in more than 90 letters sent by the agency...more
Fake Subscription Notices, Real FTC Lawsuit -
Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court.
The defendants, a web of dozens of...more
5/19/2016
/ Civil Forfeiture ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
FTC Act ,
Job Applicants ,
Lead Generators ,
Misrepresentation ,
Petition for Writ of Certiorari ,
POM Wonderful ,
Scientific Evidence ,
SCOTUS ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Weight-Loss Products
New Jersey Statute Causing Uptick in Class Actions -
Businesses in New Jersey are facing an influx of consumer class actions over common terms of service based on a plaintiff-friendly interpretation of a 36-year-old...more
Kanye's Promise of Exclusivity a Siren Song, Suit Says -
Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more
5/7/2016
/ Advertising ,
Data Breach ,
Disparagement ,
Exclusivity Clauses ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Free Speech ,
Lanham Act ,
Misleading Statements ,
Music Streaming ,
PF Chang's ,
Preemption ,
SCOTUS ,
Standing ,
Trademark Registration ,
Trademarks ,
Unfair Competition
Study Finds Low Compliance for Native Advertising -
According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more
5/2/2016
/ Advertising ,
All Natural ,
Class Action ,
Deceptively Misdescriptive ,
Dietary Supplements ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FRCP 23(b)(3) ,
Kohls ,
NARB ,
Native Advertising ,
Scientific Evidence ,
Unfair Pricing