Searching Content indexed under Litigation, Mediation & Arbitration by Jeffrey Greenbaum ordered by Published Date Descending.
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Is "Manuka" Honey Only Made From the Manuka Flower?
Manuka honey is a sought-after honey that is produced from the nectar in the flowers of the manuka tree.
United States
1 Jul 2019
Is "More" Puffery?
A lawsuit in the Northern District of Illinois between credit score companies, Fair Isaac Corporation v. Trans Union, includes a short but interesting discussion about puffery.
United States
5 Apr 2019
Are Retailers Responsible For Advertising Claims On The Packaging Of The Products They Sell In Their Stores?
The court said that simply selling the products in-store was not enough.
United States
12 Mar 2019
If A Candy Is Fruit-Flavored, Does That Mean That It's All-Natural?
That was the issue in a recent case brought against Starbucks.
United States
11 Mar 2019
Do "Grass-Fed Cows" Eat Other Stuff Too?
The court granted the motion to dismiss.
United States
18 Feb 2019
What's An Advertiser's Liability For Creating A Shockvertisement?
So, a woman starts to walk up the stairs of a subway station in New York City and sees an advertisement for the show Dexter featuring a large photograph of Michael C. Hall wrapped in plastic.
United States
12 Feb 2019
Is "Under One Roof" Puffery?
It is often difficult to determine whether the statements you make in advertising are claims that require substantiation or whether they are simply puffery.
United States
17 Jan 2019
Are Those "Whole Grain" Crackers Made Only (Or Mostly) With Whole Grain?
What does it mean when you sell "whole grain" crackers?
United States
7 Jan 2019
Can You Call Your Product "Natural" If It Includes Chemicals? (Spoiler Alert -- Sometimes, Yes)
What does it mean to consumers when you've got "natural" in your product name? Can the product still include trace amounts of chemicals?
United States
17 Dec 2018
What's An "OEM Part"? Let The Jury Decide . . .
Sometimes, it takes a jury to determine whether an advertiser made a false claim. That's what happened in Evoqua Water Technologies v. M.W. Watermark.
United States
19 Nov 2018
P&G Agrees To Settlement Over "Flushable" Claims
Several years ago, consumers filed class action complaints against Procter & Gamble, alleging that P&G falsely advertised its Charmin Freshmates Flushable Wipes as "flushable."
United States
9 Nov 2018
Want To Run An Offensive Ad On A Bus?
Television networks and other commercial advertising platforms have wide latitude to reject advertisements because of taste ...
United States
17 Oct 2018
Court Dismisses False Sale Advertising Claim Against LensCrafters
In Seegert v. Luxottica, the plaintiff alleged that eyeglass retailer LensCrafters violated California law by advertising a product as "40% off" when the product was never really sold for the original price.
United States
27 Jul 2018
Federal Court Strikes Down Missouri Alcohol Price Advertising Rules
A recent decision by a federal court in Missouri found that certain Missouri restrictions on alcohol price advertising violate the First Amendment.
United States
20 Jul 2018
Can You Advertise "Swamp Mahogany" As "Mahogany"?
In Golden v. Home Depot, U.S.A., Inc., the plaintiff brought a putative class action alleging, among other things, that Home Depot falsely marketed lumber ...
United States
12 Jun 2018
Can You Advertise A 50 Minute Massage As A "One Hour" Massage?
Is it okay to advertise a 50 minute massage as a "one hour massage"?
United States
17 Apr 2018
Court Says That "Durable," "Tougher Than Ever," And "Guaranteed To Last" Are Not Puffery
It's often difficult to determine where to draw the line between advertising claims and puffery. A recent case from the federal district court in New Jersey provides some helpful guidance.
United States
9 Apr 2018
NYAG Goes After Charity Schemes
The New York Attorney General's Office announced that it has entered into a settlement agreement with Menacola Marketing, a telemarker that the NYAG said fraudulently ...
United States
4 Apr 2018
Court Lets "Up To" Lawsuit Move Forward
In Arthur v. United Industries, the plaintiff brought a putative class action alleging that United Industries, the manufacturer of Spectracide Weed ...
United States
27 Mar 2018
Proposed Class Action Over "Real Butter" Claim
A consumer just brought a proposed class action against Schwan's Co., the maker of Mrs. Smith's pies, alleging that its "real butter" claim was misleading.
United States
21 Feb 2018
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