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Disgorgement False Advertising

Venable LLP

New York Attorney General Says JBS Net Zero Claims Are Greenwashing

Venable LLP on

Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more

Smith Gambrell Russell

Is Your Product Really “Made in the USA?” The FTC is Asking.

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The FTC is serious about enforcing the Made in USA Labeling Rule. On April 12, 2022, the DOJ, on behalf of the FTC, sued Lithionics Battery LLC and its owner, Steve Tartaglia, in the United States District Court for the...more

Cozen O'Connor

AG James Grounds Deceptive Airline Ticket Practices

Cozen O'Connor on

New York AG Letitia James has reached an agreement with online travel agency, Fareportal, Inc., regarding an alleged array of deceptive online marketing practices in violation of New York State’s Executive and General...more

Cozen O'Connor

Water Cure: Florida Company Sued Over False Marketing Claims Relating To Health Benefits Of Hydrogen-Enriched Water

Cozen O'Connor on

Florida AG Ashley Moody sued drinking-water system marketer Wellness Program Services, LLC d/b/a Trusii and related entities and individuals (collectively “Trusii”) over allegations that it used false and misleading health...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

Seyfarth Shaw LLP

Seventh Circuit Orders Disgorgement of Settlement Proceeds Paid to Bad-Faith Objectors to Class Action Settlements, Ending...

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When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can...more

Morrison & Foerster LLP - Class Dismissed

California Supreme Court: Civil Penalty Claims Brought By Government Under UCl And FAL Should Be Determined By Court—Not Jury

The California Supreme Court has confirmed that claims for civil penalties brought by government entities under California’s Unfair Competition Law (“UCL”) and False Advertising Law (“FAL”) should be decided by a judge—not a...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Dialogue With Corporate Counsel: Skadden’s Ninth Annual Pharmaceutical and Medical Device Seminar

On October 22, 2019, Skadden hosted our Ninth Annual Pharmaceutical and Medical Device Enforcement and Litigation Seminar in New York, which focused on U.S. enforcement issues companies face throughout the industry. The key...more

Sheppard Mullin Richter & Hampton LLP

CBD Industry Beware: The False Labeling Class Action Has Arrived

Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget...more

McDermott Will & Emery

Willful False Advertiser Not Subject to Disgorgement of Profits or Injunctive Relief

The US Court of Appeals for the Fifth Circuit affirmed a district court ruling that the defendant need not disgorge its profits or be subject to any further injunction, despite a jury finding that it had willfully falsely...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2016 #3

Wikipedia Link Trips up Ninth Circuit False Ad Suit - Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth...more

Kelley Drye & Warren LLP

Never Say Never, And Other Lessons from Kanye

We didn’t comment when Kanye West interrupted Taylor Swift at the MTV Video Music Awards. And we’ve stayed silent during his other controversies. But when Kanye gets sued over false advertising, we can stay silent no longer....more

Dorsey & Whitney LLP

This Week In Securities Litigation

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During the holiday period the SEC filed three insider trading cases as administrative proceeding. Three actions were brought involving major Wall Street banks; one centered on “parking” allegations involving Morgan Stanley...more

Sheppard Mullin Richter & Hampton LLP

Plaintiffs’ Full Refund Theory of Restitution Under California’s Unfair Competition Law Goes Up in Smoke in Latest Tobacco II...

The long saga of In re Tobacco Cases II recently produced yet another appellate opinion addressing California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), and the remedies they provide. This time, in In...more

Skadden, Arps, Slate, Meagher & Flom LLP

"SEC Announces Enforcement Results for Fiscal Year 2015"

The Securities and Exchange Commission (the “SEC”) recently announced its enforcement results for fiscal year 2015. The release touted high-impact and first-of their-kind actions, as well as an increase in the number and...more

Zelle  LLP

Competitors Push Back With False Advertising Laws

Zelle LLP on

In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state...more

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