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Coronavirus Crisis: A Compliance Guide For Cause Marketing in an Era of Social Distancing

The offers are popping up everywhere: “Buy a protective face mask on our website and we will donate a mask to a hospital or a community in need” or “Retweet this message and we will donate $1 to a COVID-19 relief fund.”...more

Back in the Zone: AutoZone Settles Loyalty Program Class Action for $50M

Changes to its loyalty program will cost AutoZone almost $50 million in a class action settlement, which comes more than three years after a California couple first accused the automotive maintenance retailer of breach of...more

‘Healthy’ Coconut Oil Suit Settles for $1.85M

To settle a false advertising class action over its “healthy” claims for coconut oil, Nature’s Way has agreed to a $1.85 million settlement deal....more

Chocolate Company Tastes Class Action Over National Origin Claims

In a new false advertising class action, a Virginia resident accused Godiva of deceptively promoting its chocolate products to make them seem as if they were made in Belgium—despite the fact that they are produced in...more

Promotions Company Earns Lawsuit From Indiana AG

Indiana Attorney General Curtis Hill has sued a Texas-based promotions company, alleging that Hopkins and Raines, Inc., deceptively advertised promotions on behalf of motor vehicle dealerships in violation of state law....more

Beer Brands Battle Over Corn Syrup

In a not-so-surprising move in the escalating war between beer brands, MillerCoors has filed a false advertising suit against Anheuser-Busch accusing the company of spending tens of millions of dollars on an “extensive and...more

Baseball Bat Company Strikes Out on Dismissal Motion

A California federal court allowed the bulk of a class action challenging the advertising claims for Easton’s youth baseball bats to move forward, denying the defendant’s motion to dismiss....more

Massachusetts Court Runs Down Insurer’s Defense in Coverage Dispute

An advertiser using the name of a famed marathoner without permission is entitled to insurance coverage for a lawsuit accusing the company of false association, the highest court in Massachusetts has ruled....more

California Appellate Panel Issues Plaintiff-Friendly Deceptive Pricing Decision

A California appellate panel reversed dismissal and reinstated a deceptive pricing action against electronics retailer Newegg in a broad ruling that will make it easier for plaintiffs to bring similar cases....more

Ninth Circuit Weighs In on Damages for Deceptive Pricing

Offering some hope to retailers facing litigation over allegedly false markdowns on price tags, the U.S. Court of Appeals, Ninth Circuit released an unpublished opinion upholding a California federal court decision that...more

Deceptive Pricing Suit Costs Neiman Marcus $2.9M

After the U.S. Court of Appeals for the Ninth Circuit breathed new life into a deceptive pricing class action, Neiman Marcus agreed to pay almost $3 million to settle the case....more

Monster Beverage Scares Off Class Certification

The plaintiffs hit a snag in long-running litigation against Monster Beverage Corp. when a California federal court denied their motion to certify a class of nationwide consumers numbering in the hundreds of thousands....more

Court Finds No Weight Loss Promises in Product Labeling

Ruling that the plaintiff failed to present sufficient evidence that a dietary supplement promised weight loss, a California federal court judge threw out a putative class action against Vitamin Shoppe....more

Jury to Decide Whether Water Is a ‘Natural Element’

Is water a “natural element”? - A New York federal court judge elected to put the question to a jury in a false advertising lawsuit accusing Purex of deceiving consumers by prominently displaying the phrase “Natural...more

Berry Deceptive Claims, Dunkin’ Donuts Customer Claims

A plaintiff’s false advertising suit alleging he was deceived about the use of blueberries in Dunkin’ Donuts products will move forward after an Illinois federal court judge agreed that a reasonable consumer could have been...more

Quaker Dodges False Ad Suit Over Mislabeled Oatmeal

A California federal court judge sided with Quaker Oats Co., ruling that it did not engage in false advertising by dubbing several varieties of its instant oatmeal “Maple & Brown Sugar,” even though the products did not...more

California AG Thirsty for Action Against Gatorade

The Gatorade Company violated state law by urging players of its advergame to ditch water for the sports drink, California’s attorney general alleged in an action against the company....more

Retail and Consumer Products Law Roundup - September 2017

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

Footlong Litigation to Continue, Despite Settlement Dismissal

The saga over Subway’s “footlong” sandwiches will continue, a group of former plaintiffs vowed in a court filing after the U.S. Court of Appeals for the Seventh Circuit threw out a settlement agreement between the parties....more

Court Rules Ford Trucks’ Claim Is Puffery

A false advertising suit against Ford Motor Co. was limited after a federal court judge found the company’s “Built Ford Tough” claim is non-actionable puffery....more

Advertising Law - July 2017 #2

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

Advertising Law - June 2017 #3

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

Advertising Law - May 2017 #3

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

Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

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