News & Analysis as of

False Advertising Advertising Deceptive Intent

ArentFox Schiff

Let’s Just Be Friends: When “-Friendly” is More Than Mere Puffery

ArentFox Schiff on

“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more

Hinch Newman LLP

Ad Agency Liability and the FTC

Hinch Newman LLP on

Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 2

Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more

Cozen O'Connor

FTC Orders Social Media and Streaming Platforms to Outline Efforts to Combat Deceptive Advertisements

Cozen O'Connor on

The FTC issued orders to eight social media and video streaming platforms—Meta Platforms, Inc.; Instagram, LLC; YouTube, LLC; TikTok Inc.; Snap Inc.; Twitter, Inc.; Pinterest, Inc.; and Twitch Interactive, Inc.—requiring them...more

BakerHostetler

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

BakerHostetler on

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more

Venable LLP

Rental Review Roundup: FTC Targets Deceptive “Testi-phony-al” Scheme to Lure Renters to Paid Housing Platform

Venable LLP on

​​​​​​​Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more

Royer Cooper Cohen Braunfeld LLC

Recent Decision Adds Additional Risk For Pennsylvania-based Businesses; Pennsylvania’s Consumer Protection Law Widens

It’s never been a better time to shop, work or spend leisure time at home – the internet and television are flooded with advertisements for amazing products with the ability to improve our lives and make things easier....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2019: Zero Stars: FTC Settles with Skincare Company Over Fake Online Reviews

Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP

California Appellate Panel Upholds Validity of Pricing Statute

Siding with the government, a California appellate panel held that section 17501 of the Business & Professions Code was not unconstitutionally vague on its face or as applied to national retailers accused of deceptive...more

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP

Ross Settles Deceptive Pricing Suit for $5M

A deceptive pricing class action will cost Ross Stores almost $5 million after a federal judge in California granted preliminary approval to the settlement agreement....more

Manatt, Phelps & Phillips, LLP

DA Cracks Goop’s Egg Claims, Reaches $145,000 Deal

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

Manatt, Phelps & Phillips, LLP

Deceptive Pricing Suit Survives Dismissal Motion

A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more

Manatt, Phelps & Phillips, LLP

Lack of Injury Dooms Deceptive Pricing Suit

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

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Akerman LLP - Marks, Works & Secrets

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Formatting

Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more

Proskauer - Advertising Law

No Longer at Lager-Heads: Anheuser-Busch Settles Claim over Kirin Beer’s Origin

Early this year, Anheuser-Busch settled a class suit filed against it by two Miami residents who alleged that the company was deceptively advertising Kirin beer as imported from Japan, when in fact it is brewed in the United...more

Proskauer - Advertising Law

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal...

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to...more

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