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False Advertising › Corporate Counsel › Misleading Impressions

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Wilson Sonsini Goodrich & Rosati

Gig Economy, Dark Patterns, and Impersonation Scams: FTC Signals Priorities in Open Commission Meeting

Wilson Sonsini Goodrich & Rosati on

On September 15, 2022, the Federal Trade Commission (FTC) held an open Commission meeting that covered three agenda items: 1) a rulemaking on impersonation scams, 2) a policy statement on enforcement related to gig work, and...more

Jenner & Block

Three Strikes, You’re Out! New York Federal Courts Reject Three Implausible Mislabeling Actions

Jenner & Block on

New York federal courts have recently shown a willingness to dismiss implausible mislabeling claims on the pleadings. The recent dismissal of three consumer class actions—all filed by the same plaintiff’s counsel—suggests...more

Weintraub Tobin

Apple False Advertising Suit for “Buy” Buttons Could Have Serious Implications for Streaming Companies

Weintraub Tobin on

Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content,...more

Kilpatrick

Cutting a class defendant some slack: the S.D.N.Y. rejects a “least sophisticated consumer” test in dismissing “slack-fill” class...

Kilpatrick on

Takeaway: There has been a proliferation of “slack-fill” class action litigation. These cases are premised on the notion that a large product container deceives a reasonable consumer, under the theory a reasonable consumer...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Future of Government Regulation, Enforcement of Off-Label Promotion"

Skadden, Arps, Slate, Meagher & Flom LLP on

Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more

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