Tag Archives: false advertising

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

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

Can a Consumer Products Company Moot Class Actions by Offering a Refund?

Many lawsuits over consumer products involve allegations that a product didn’t work as advertised, or that the manufacturer failed to adequately disclose how to use the product.  These cases often are filed by plaintiffs who have spent just a few dollars on the product and suffered no real damages, other than possibly the price of … Continue Reading

Strategy of Offering Refunds to Moot Class Actions Gains Traction

As addressed in a separate post on this blog, the Supreme Court’s decision in Symczyk v. Genesis Healthcare Corp., 133 S.Ct. 1523 (2013) and cases since raised the issue of whether a defendant’s unaccepted offer of judgment for complete relief can moot class actions before a class is certified, which in turn raises the issue … 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
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