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Advertising and IP Licensing Partner Pamela M. Deese was recently a guest on the “Beyond the Shelf” podcast. In this second episode, she discusses what happens when brands make claims that are not or cannot be substantiated.
Advertising and IP Licensing Partner Pamela M. Deese was recently a guest on the “Beyond the Shelf” podcast and gave an overview of the types of claims companies can make in advertising, how to evaluate claims, and how to substantiate them.
The Children’s Advertising Review Unit (CARU) recently brought an action against the National Fluid Milk Processor Promotion Board (MilkPEP) over concerns with MilkPEP’s television commercial depicting individuals skateboarding without the appropriate safety gear.
ICO has resumed its investigation into real-time bidding and the AdTech industry, as well as its review of the role of data brokers in the AdTech ecosystem.
Glue Manufacturing Company Caught in a Sticky Situation: $1.2M Fine for False “Made in USA” Product Labels
The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional materials and product packaging.
Major changes to copyright law were shepherded in through the Consolidated Appropriations Act, the highly publicized pandemic relief bill passed on December 27, 2020.
The Worst Part of Waking Up is Getting Sued: Class Action Filed Against Folgers Coffee Co., Alleging False Advertising and Labelling
Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee.
New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds
In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post featuring his photograph of tennis player Caroline Wozniacki.
Class Action Targeting ‘Recyclable’ Claims Used in Connection With Single-Serve Coffee Pods Moves Forward
In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing, advertising, and selling single-serve coffee pods that are misleadingly labeled as “recyc
A new class-action lawsuit alleges that packaging for Anheuser-Busch’s “Rita” beverage products deceives consumers by implying that the products contain wine or distilled spirits when in fact they are flavored malt beverage products.
With digital advertising being a multi-billion dollar industry and COVID forcing many online, many have growing concerns surrounding the policing of digital advertising.
There have been developments in the following five proposed amendments to the California Consumer Privacy Act (CCPA).
The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of the more high-profile advertising disputes in recent years – was corn syru
The Entertainment Software Rating Board (ESRB), which administers the ratings system for video games, has launched a new warning label for use on video games that include in-game offers to purchase digital goods or premiums that include randomized elements.
The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track) process.
Comparative safety claims can be a powerful advertising tool, especially when regarding products consumers cannot test themselves. For this reason, it is imperative that these claims are made with sound proof.
The introduction of the California Consumer Privacy Act (CCPA) at the beginning of the year continues a global trend of law-makers introducing new and more stringent rules for companies using individuals’ data.
The California Consumer Privacy Act (CCPA) is the landmark privacy law in the US that formally went into effect January 1, 2020, and provides California residents with rights regarding the collection, use, and sharing of their personal information.
The California Consumer Privacy Act (CCPA) is the landmark privacy law that formally went into effect January 1, 2020 and provides California residents with various rights regarding the collection, use, and sharing of their personal information.
The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in Advertising.
Consumers Allege ‘Dolphin Safe’ Tuna Claim is False, Reminding Brands Not To Bite Off More Than They Can Chew
A recently-filed consumer class action alleges that canned tuna producer, StarKist, misled consumers when they claimed their tuna products are “100% dolphin-safe” and “sustainable.” The class action is moving forward after StarKist attempted unsuccessfully to get the case dismissed.
UrthBox, a subscription snack company, was charged with a complaint by the FTC due to misrepresenting positive consumer reviews on the Better Business Bureau’s and other third-party websites.
The Digital Advertising Alliance (DAA) launched tools in late November that will assist businesses with California Consumer Privacy Act (CCPA) compliance, by increasing consumer control over data on all DAA participating companies through simple tools.