News & Analysis as of

False Advertising Deceptive Intent Class Action

Proskauer - Advertising Law

Courts Neutralize Baseless Acid Lawsuits

Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors.  In many cases, the plaintiffs allege such...more

ArentFox Schiff

Consumer Class Puts Foot Down on Foot Locker’s Alleged False Advertising

ArentFox Schiff on

A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 3

The National Advertising Division (NAD) referred the website Smarter-Reviews.com (Smarter Reviews) to the Federal Trade Commission (FTC) on suspicion of publishing advertising disguised as editorial content because it lacks...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

ArentFox Schiff

To Bean or Not to Bean: How Developments in Vanilla Flavoring Disputes Reveal Larger Trends in Mislabeling Cases

ArentFox Schiff on

A number of recent cases seek to combat what plaintiffs claim is a surge of deceptive marketing by companies in the food space. In particular, there have been a number of claims concerning the use and labeling of vanilla...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

Class Action Challenges Retailer’s Sale Email, Pricing Model

A Washington resident has filed suit against children’s clothing retailer Carter’s over an email touting a sale price that she alleges was false and deceptive....more

Manatt, Phelps & Phillips, LLP

Plaintiff Dirties Panera’s ‘Eat Clean’ Claims

A new class action lawsuit filed in California federal court accuses Panera Bread of false advertising based on a campaign promoting the fast-casual restaurant chain as a place to “eat clean.”...more

Manatt, Phelps & Phillips, LLP

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

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

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

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