Newsletters

05.17.18

Plaintiff’s Ginger Ale Suit Not Quenched

A putative class action alleging that Dr. Pepper misled consumers into thinking its Canada Dry Ginger Ale contains real ginger will move forward after a federal court judge in Missouri denied the defendant’s motion to dismiss the suit.


05.17.18

Cannabis Industry Sets High Bar With Ad Guidelines

The National Association of Cannabis Businesses (NACB) recently released a proposed advertising standard for public comment that would place a host of restrictions on ads for cannabis products.


05.10.18

CVS Brings ‘Real Life Beauty’ to Ads

Just three months after announcing it will no longer use touched-up images in its beauty ads, CVS Pharmacy released the first advertisements of its new campaign.


05.10.18

NARB Turns Down Mascara’s Volume Claims

Lacking evidence to back up “before” and “after” pictures and the statement “1,944% more volume,” Too Faced Cosmetics LLC should discontinue the claims it’s making about its Better Than Sex original and waterproof mascaras, the National Advertising Review ...


05.10.18

New Bill Would Offer Social Media Protections

In the latest legislative proposal addressing consumer privacy, Sens. Amy Klobuchar (D-Minn.) and John Kennedy (R-La.) introduced a bill that would provide social media users with more control over their data.


05.10.18

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.  


05.03.18

NBA 2K Tattoo Copyright Dispute Blocked

A case of whether tattoos are entitled to de minimis and fair use copyright protection continues to move through the courts, with a New York federal judge allowing a tattoo artist’s lawsuit against a video game manufacturer to move forward.


05.03.18

More Personnel Changes at FTC

The shake-up at the Federal Trade Commission goes on, with Commissioner Terrell McSweeny announcing her plans to resign and the Senate confirming the five White House nominees to give the agency a full slate for the first time in years.


05.03.18

New Jersey Decision Could Slow TCCWNA Actions

In a victory for defendants, the New Jersey Supreme Court ruled that a plaintiff must suffer actual harm from an allegedly unlawful provision in a contract or notice to be an “aggrieved” party under the state’s Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).


05.03.18

NAD Recommends LG Modify TV Claims

LG Electronics should modify or discontinue certain claims for its Super UHD and OLED television sets, the National Advertising Division has recommended.