News & Analysis as of

False Advertising Unfair or Deceptive Trade Practices Retail Market

Manatt, Phelps & Phillips, LLP

California’s New Pricing Laws Are in Effect: Are You in Compliance?

In October 2023, California passed SB 478, an amendment to the Consumers Legal Remedies Act (CLRA), known as the “Honest Pricing Law” or “Hidden Fees” statute. SB 478 is a broad “all-in” price transparency law that impacts...more

Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

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Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more

Stikeman Elliott LLP

Hurry Up and Comply: Key Takeaways for Canadian Businesses on Misleading Advertising Urgency Cues

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Urgency cues remain near the top of the Competition Bureau’s misleading advertising enforcement priorities, as demonstrated by the Bureau’s recent consent agreement with a furniture chain retailer....more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

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The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more

Proskauer - Advertising Law

Sheep’s Clothing: Court Dismisses Lawsuit Over Allbirds’ Carbon Footprint and Animal Welfare Claims

Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In...more

Cozen O'Connor

“Made in USA” Labeling Could be Costly for Businesses

Cozen O'Connor on

Following a public comment period, the Federal Trade Commission (FTC) recently approved a consent order resolving a complaint alleging deceptive “Made in USA” labeling and advertising practices against Chemence, Inc., a glue...more

Bilzin Sumberg

Putative Class Action Against TGI Friday’s Dismissed

Bilzin Sumberg on

On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....more

Seyfarth Shaw LLP

Avoiding California’s Consumer Law Pitfalls Amidst the COVID-19 Pandemic

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The COVID-19 pandemic has created unprecedented disruption and challenges for businesses navigating California’s consumer protection laws. ...more

Bilzin Sumberg

Defense Victory in Product Labeling Class Action

Bilzin Sumberg on

On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

Hogan Lovells

Seller Beware: Advertising "On Sale" Pricing Can Lead to Legal Trouble

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A wave of recent putative class action cases alleging violations of federal pricing guidelines and the consumer protection laws of various states is having a major impact on the retail sector. ...more

Rumberger | Kirk

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

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Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #3

FDA Warns Snyder’s-Lance About Iron Content Labels - The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Perkins Coie

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

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Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

Proskauer - Advertising Law

Tailoring the Suit: Plaintiffs File Amended Complaint in Nordstrom Rack Price-Tag False Advertising Lawsuit

Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices. Nordstrom Rack discloses the savings it offers customers by placing “compare at” labels on its price tags which show two...more

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