• 08.20.19

    Gatorade Victorious in Trademark Suit

    In a big win for Gatorade, the U.S. Court of Appeals for the Seventh Circuit affirmed that the company’s use of the phrase “The Sports Fuel Company” was not a trademark violation.  

  • 08.13.19

    Retail and Consumer Products Law Roundup August 2019

    In the decade since amendments to the landmark Americans with Disabilities Act (ADA) took effect, businesses across all industries have confronted constant legal challenges concerning workplace and retail premises access, as well as complaints about online accommodations for people whose vision and ...

  • 08.13.19

    NAD Throws Wet Blanket on Weighted Blanket Claims

    Weighed down by the advertiser’s performance claims, the National Advertising Division (NAD) recommended that Weighting Comforts modify or discontinue the express claims for its weighted blankets.

  • 08.13.19

    New Jersey Court Reverses Dismissal of Homeopathic Flu Medicine Suit

    A New Jersey appellate panel reversed dismissal of a false advertising suit challenging claims for a homeopathic flu medicine, allowing the suit to move forward.

  • 08.13.19

    Makers of Head Impact Sensors Avoid FTC Enforcement Headache

    The makers of three types of head impact sensors survived a Federal Trade Commission (FTC) review into advertising claims for their products, with the agency closing out its investigation without taking action.

  • 08.13.19

    ‘Healthy’ Coconut Oil Suit Settles for $1.85M

    To settle a false advertising class action over its “healthy” claims for coconut oil, Nature’s Way has agreed to a $1.85 million settlement deal.

  • 08.06.19

    Marine Corps Shoots Down Trademark Use by Congressman

    The U.S. Marine Corps (USMC) recently issued a cease-and-desist letter to Rep. Duncan Hunter (R-Calif.) requesting that the congressman stop using its trademarks in his campaign.

  • 08.06.19

    Meat Alternative Company Starts Beef With Arkansas State Law

    Where’s the beef? In Arkansas federal court, where the Tofurky Company challenged a new state law that prohibits the labeling of plant-based meat alternatives as “burgers,” “beef,” “pork” or “sausage” or other meat-related terms.

  • 08.06.19

    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 Pennsylvania.

  • 07.30.19

    Don’t Sleep On Price Comparison Claims, NAD Cautions

    Nectar Sleep LLC should discontinue “limited offer” advertising claims for its Nectar mattress, the National Advertising Division (NAD) recommended in a challenge brought by competitor Tuft & Needle.

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