2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/29/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/28/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more
2/8/2020
/ Advertising ,
Beverage Manufacturers ,
Brand ,
Class Action ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Food Labeling ,
Health Claims ,
Leave to Amend ,
Motion to Dismiss ,
Unfair or Deceptive Trade Practices
The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more
1/3/2017
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Negligent Misrepresentation ,
Nutritional Supplements ,
Pleading Standards ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case similar to February’s Sale Slash...more
Clarion Brands, LLC recently received an earful from the National Advertising Division (“NAD”) about its marketing of the dietary supplement Lipo-Flavonoid Plus. Clarion had been marketing Lipo-Flavonoid Plus with advertising...more