Category Archives: Advertising

Subscribe to Advertising RSS Feed

Plaintiffs Must Plead Facts Which Directly Contradict Allegedly False Statements to Plead ICFA Claims Based on Falsity

In a recent decision by Judge Thomas M. Durkin of the Northern District of Illinois, the Court recognized an important distinction for Illinois Consumer Fraud Act (ICFA) claims between a claim for “actual falsity” and one for “lack of substantiation.” Spector v. Mondelez Int’l, Inc., 15 C 4298, 2017 WL 4283711, at *10 (N.D. Ill. … Continue Reading

Greenberg Traurig to Present at Natural Products Expo West

On Saturday, March 7, 2015, at 10:30 a.m., a panel of Greenberg Traurig attorneys, moderated by Denver Shareholder Justin Prochnow, will present on the topic “Labeling Litigation: Strategies for Marketing Products While Avoiding the Courtroom,” at this widely attended conference. Natural Products Expo West continues to be the leading trade show in the natural, organic and … Continue Reading

FDA Issues Rules to Help Consumers Monitor Caloric Intake

The U.S. Food and Drug Administration (FDA) recently finalized two rules requiring that calorie information be listed on menus and menu boards in chain restaurants and similar retail food establishments, as well as on certain vending machines. In announcing the finalization of the two rules, FDA Commissioner Margaret A. Hamburg, M.D. stated that “Americans eat … Continue Reading

A Blast from the Past: Price Advertising Claims Make a Comeback – As Class Actions

Greenberg Traurig Attorneys Irving Scher and Ed Chansky authored an GT Alert, “Price Advertising Claims Make a Comeback – As Class Actions” The minimal regulatory enforcement in recent years may have led some retailers to let down their guard in complying with some of the more stringent state regulatory requirements dealing with price advertising. However, FTC … Continue Reading

Negative Option/Automatic-Renewal Disclosures Scrutinized

Our Greenberg Traurig colleagues, Ed Chansky and Irving Scher, recently prepared a GT Client Advisory discussing the enforcement of inadequate negative option/automatic-renewal disclosures and the requirements for companies to be compliant with state and federal laws. Negative options, as defined by the FTC, are commercial transactions in which sellers interpret a customer’s failure to take an … Continue Reading

The Injunction Conundrum – When Can a Class Action Plaintiff Sue for Injunctive Relief?

a href=”https://gtlawconsumerproductscounselor.lexblogplatformtwo.com/files/2014/07/shutterstock_153943454.jpg”>As the Supreme Court has tightened the requirements for certifying a damages class action, some in the plaintiff’s bar have responded by focusing on class actions seeking injunctive relief, particularly in cases against consumer products companies.  To certify a class under Rule 23(b)(2), a plaintiff does not have to demonstrate predominance or superiority, and … Continue Reading

Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case

In our February 12, 2014 post, entitled “Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw,’” we addressed whether claims challenging consumer product advertising as “all natural” were preempted in the absence of specific guidance from the FDA and the mixed results the argument has produced.  In Ault v. J.M. Smucker Co. et al., 2014 … Continue Reading

Massachusetts Consumer Pricing Advertising Law

Our Greenberg Traurig colleagues, David G. Thomas, James P. Ponsetto and Michael E. Pastore prepared a GT Client Advisory discussing Massachusetts’ laws governing price comparison advertising, as set forth in 940 C.M.R. § 6.05. The authors explain price comparison advertising and other pricing practices that may be unfair or deceptive advertising. To view the GT Client Advisory on www.gtlaw.com, please click here. … Continue Reading

FTC Urges Media to Review Weight-Loss Advertising Before Accepting

With summer around the corner, the Federal Trade Commission (FTC) is reminding publishers, broadcasters, and other media of the ways to spot phony weight-loss claims when screening ads for publication. The reissued guidance entitled, “Gut Check: A Reference Guide for Media on Spotting False Weight-Loss Claims,” details seven weight loss claims that the FTC asserts … Continue Reading

FTC Investigates Social Media Photo Contest: Endorsement/Testimonial Guidelines Apply

In the contest, Cole Haan offered a $1,000 prize for the “most creative entry” among photos posted on Pinterest. Entry required (a) creating a Pinterest board titled with the shoe manufacturer’s slogan “Wandering Sole,” (b) pinning five photos from the manufacturer’s “Wandering Sole” Pinterest board, (c) pinning five photos of the consumer’s favorite “place to wander,” … Continue Reading

Is ‘Unscented’ the New ‘All Natural’?

Consumer products companies selling personal care products have started receiving demand letters and class action complaints alleging false advertising because of the use of the term “unscented.”   Is this the next class action wave to hit the consumer products industry? Many personal care products, such as soaps, creams and deodorants, are labeled as “unscented” … Continue Reading

National Survey Identifies Top Consumer Questions on GMOs

We frequently address issues relating to litigation over products advertised as “all natural” or containing genetically modified organisms, or GMOs. As interest in GMOs has grown (along with related litigation), an initiative known as GMO Answers has published new survey results identifying consumers’ top 10 questions about GMOs. GMO Answers is funded by the members of The … Continue Reading

FTC Chops ‘Green’ Plastic Lumber Claims and Diaper Claims That Fail to ‘Pass the Smell Test’

On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive under Section 5 of the FTC Act. Recently, Jessica Rich, Director of … Continue Reading

Don’t Go Changing to Try and Please Me…

The FDA caused quite a stir this morning by announcing proposed updates to the Nutrition Facts and Supplement Facts information required for packaged foods and dietary supplements. These changes reflect the first significant changes in the 20 years since nutrition information was first required to be placed on labels in the form of a Nutrition … Continue Reading

Former Lance Armstrong Endorsement of Supplement Company FRS Doesn’t Support False Advertising Class Action, Court Rules

On February 25, 2014, the U.S. District Court for the Central District of California dismissed a putative class action against supplement maker The FRS Company and its former endorser, cyclist Lance Armstrong, in the case of Martin v. FRS Company, et al., Case No. CV-13-01456-BRO (MANx).  The Plaintiffs, alleged purchasers of FRS products, claimed that … Continue Reading

FTC Targeting Weight Loss Claims

The FTC recently announced that it is stepping up enforcement against companies selling quick-fix weight-loss products.  GT Shareholder, Justin Prochnow, highlights the risks created by the FTC’s initiative: While the FTC has always scrutinized weight-loss claims, these actions indicate that the FTC intends to continue putting pressure on marketers and advertisers of weight-loss products to … Continue Reading

Important Reminder for Consumer Products Companies on Product Demonstrations

GT Shareholder Irv Scher authored a client alert regarding a recent FTC enforcement action involving product demonstrations. The case involved advertising for a truck shown pushing a dune buggy up a steep hill, something the truck allegedly was not capable of doing.  The FTC sued and won a settlement in which the advertiser is prohibited … Continue Reading

Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw’

Last year saw a trend in consumer class actions attacking advertising for products labeled as “all natural.”  The cases produced mixed results, and the extent to which this theory will succeed remains unclear.  Some cases settled.  See, e.g., Trammell v. Barbara’s Bakery, 12-cv-02664 (N.D. Cal. June 21, 2013).  Others were dismissed.  See, e.g., Rapcinsky v. … Continue Reading
LexBlog