Tag Archives: GT

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

Recent California Appellate Opinion Raises Issue of Concepcion’s Scope

On April 27, 2011, the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), cleared the way for consumer products companies and other businesses to incorporate class action waivers into their arbitration agreements with customers.  On April 7, 2014, the Second District Court of Appeal in California affirmed the denial of a … Continue Reading

New Class Action Threat: Is Your Company Complying With California’s Automatic Renewal Laws?

Several class actions have been filed recently against companies offering music and video subscription services online for allegedly not complying with California’s Automatic Renewal Laws (California Business and Professions Code § 17602). This statute may apply whenever a company enrolls a California resident in an “automatic renewal” or “continuous service” offering, where the customer’s subscription … Continue Reading

Greenberg Traurig’s Frank Citera to Speak at American Conference Institute’s 2nd Annual Consumer Products Regulation and Litigation Conference on June 12, 2014

Greenberg Traurig’s Frank Citera will be joining leading in-house and outside counsel who represent various facets of the consumer products industry, at the American Conference Institute’s 2nd Annual Consumer Products Regulation and Litigation Conference. Frank will be participating as a panelist in addressing the topic:  “Defending against the Pernicious ‘No Injury’ Suit — Deceptive Advertising, Diminution of Value, … Continue Reading

Are Sugary Drink Warnings Coming to California?

California isn’t exactly known as a business-friendly state.  In some ways, the governor has tried to change that.  He’ll have an interesting choice to make if a recently-passed senate bill reaches his desk. Last week, the State Senate Committee on Health passed a measure that would require health warning labels on beverages with added sugar, … 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

Supreme Court to Address Requirements for Class Action Removal

Consumer products companies are frequently the targets of nationwide class actions, and a common defense strategy includes removing these cases to federal court under the Class Action Fairness Act of 2005. “CAFA” provides federal jurisdiction over certain class actions where the amount in controversy  exceeds $5 million. See 28 U.S.C.  §§ 1332(d)(2), (5). On April 7, 2014, the … Continue Reading

New Developments in Collecting ‘Personal Identification Information’ During Credit Card Transactions

Our Boston colleagues David G. Thomas, James P. Ponsetto and Michael E. Pastore recently authored a firm Alert as a follow up to a previous GT Alert regarding a consumer’s right to claim relief under the Massachusetts Consumer Protection Act (Chapter 93A). The new Alert provides an update on recent developments, and discusses how retailers can … Continue Reading

Sign up for a May 19, 2014 Webinar Presented by This Blog’s Editors on Work Product Protection of Communications With Expert Witnesses and Consultants

Litigation counsel are always sensitive about communications with experts, whether retained as witnesses or consultants. While the 2010 amendments to Federal Rule of Civil Procedure 26 attempted to address common concerns and provide guidance on the scope of what is and is not discoverable, the new rule doesn’t provide all answers and the law continues … 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

Another ‘Evaporated Cane Juice’ Class Action Proceeds as the FDA Solicits Comments on the Description

On March 7, 2014, my colleague Justin Prochnow posted The Name Game:  FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice,’ which addressed the FDA’s recent announcement that it is revisiting a 2009 draft guidance stating its position on the description “evaporated cane juice.”  The 2009 draft guidance took the position that describing the ingredient as … Continue Reading

The Name Game: FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice’

The FDA announced yesterday that it is revisiting a draft guidance issued in 2009 that generated a significant amount of class action litigation over the last year. In 2009, the FDA issued a draft guidance outlining its position regarding the use of “evaporated cane juice” to describe sweeteners derived from sugar cane syrup. In the … 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
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