Newsletters

02.14.19

Asterisk Can’t Save Ad Claims, California Court Says

In a false advertising suit challenging the labeling for a dietary supplement, a California federal court ruling reinforced that a disclosure cannot save an unsupported ad claim.


02.14.19

Accountability Program Targets Targeted Advertising

In a pair of new decisions, the Online Interest-Based Advertising Accountability Program addressed targeted advertising with Publishers Clearing House (PCH) and Fontem, the company behind e-cigarette brand Blu.


02.14.19

Court Denies Preliminary Injunction in Yogurt Drink False Ad Suit

Dannon lost the latest round in the battle between yogurt brands when a federal judge in New York denied the company’s motion for a preliminary injunction against competitor Chobani.


02.14.19

Challenge to Ben & Jerry’s ‘Humanely Sourced’ Claims Moves Forward

A Washington, D.C., judge denied a motion to dismiss and allowed a false advertising suit accusing Ben & Jerry’s of deceiving consumers about the treatment of their cows to move forward.


02.07.19

Product or Packaging? Advertiser to Appeal NAD Decision on Origin Claims

J-B Weld Company said it plans to appeal to the National Advertising Review Board (NARB) after the National Advertising Division (NAD) recommended that it discontinue “Made in USA” claims that were posted on its product packaging and website for its epoxy and adhesive products.


02.07.19

CNIL Searches Out Record GDPR Fine for Google

After Google was ordered to pay €50 million (about $57 million) by the French data protection authority—the largest financial penalty under the General Data Protection Regulation (GDPR) to date—other companies were left to wonder whether they are next.


02.07.19

Ross Settles Deceptive Pricing Suit for $5M

A deceptive pricing class action will cost Ross Stores almost $5 million after a federal judge in California granted preliminary approval to the settlement agreement.


02.07.19

Applying Aggrieved Consumer Standard, Court Tosses TCCWNA Suit

A new decision from a Pennsylvania federal court signals that the tide has turned on the recent wave of cases filed under the New Jersey Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).


01.31.19

A Wire Act: DOJ Says Law Applies to All Forms of Gambling

Reversing its prior stance, the Department of Justice (DOJ) released a new opinion stating that the Wire Act applies to all forms of gambling—not just sports gambling—adding another layer of oversight to the online gambling industry.


01.31.19

A Call to ‘Upgrade’ Can Be Puffery, NAD Says

In a mixed decision addressing puffery, the National Advertising Division (NAD) found that a claim made by Kraft Heinz on point-of-sale (POS) displays for its Heinz Real Mayonnaise constitutes puffery, but may also be an unsupported comparative claim when viewed in a different context.