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Searching Content indexed under Advertising, Marketing & Branding by Daniel Werb ordered by Published Date Descending.
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1
Third Circuit Shreds Plaintiff's Credit Card Receipt Case On Standing Grounds
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act ("FACTA"), absent any showing of concrete harm.
United States
15 Apr 2019
2
$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute
On November 20, 2018, a years-long dispute before Judge Theodore Chuang in the District of Maryland over probiotics culminated in a gut-wrenching $18 million jury verdict against defendant pharmaceutical companies.
United States
27 Dec 2018
3
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
4
EDNY Sticks A Fork In Angus Steak Sandwich Class Action Complaint
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin' Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap.
United States
11 Oct 2018
5
Ninth Circuit Puts Restitution Claims To Rest In Discount Advertising Case
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale ...
United States
24 Jul 2018
6
Federal "Spring Water" Standards Runneth Over State Claims
We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme.
United States
19 Jun 2018
7
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
8
Jury Tests the Limits in AndroGel False Ad Verdict
In late July, an Illinois jury came to a bizarre verdict in a case over an alleged link between heart attacks and AndroGel, a gel product used for treating low testosterone (or "low T").
United States
29 Aug 2017
9
Athletic Tape Maker Feels The Pain, Settles Misleading Advertising Suit
Proskauer's sports law newsletter, Three Point Shot, recently covered a proposed $1.75 million settlement in a false advertising case involving athletic tape.
United States
10 Jul 2017
10
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations.
United States
2 May 2017
11
California Court Issues Surprising Decision In Discount Advertising Case
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC.
United States
18 Jan 2017
12
Proskauer's Larry Weinstein Discusses Implications of Bautista v. Cytosport in Legal NewsLine Article
Last week, this blog covered the slack-fill decision in Bautista v. Cytosport, Inc., 2016 WL 7192109 (S.D.N.Y. Dec. 12, 2016), in which the court dismissed the putative class action complaint for failure to allege non-conclusory facts.
United States
14 Jan 2017
13
Update On Second Circuit Ruling In Church & Dwight v. SPD Swiss Precision Diagnostics "Weeks Estimator" Home Pregnancy Test Litigation
Last month we summarized the Second Circuit's important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics...
United States
16 Dec 2016
14
Second Circuit Affirms Ruling That SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test And Did So Intentionally And Egregiously
When SPD launched the Weeks Estimator in the U.S. in August 2013, it unleashed an extensive advertising campaign that the trial court found "was intentionally designed to mislead consumers"...
United States
22 Nov 2016
15
Accurate Net Weight Disclosures May Defeat Slack-Fill Claims In California
Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional "slack-fill."
United States
24 Oct 2016
16
False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice
Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of New Jersey illustrates the circumstances under which a dismissal with prejudice is appropriate.
United States
26 Jul 2016
17
Want To Settle Before Class Certification? The Supreme Court Raises The Stakes
The case involved a claim under the Telephone Consumer Protection Act and was decided on basic principles of contract law, but it raises important implications for class action plaintiffs and defendants in all manner of cases...
United States
12 Feb 2016
18
Staying Natural: Hain Label Dispute Must Wait For Ninth Circuit Decisions
A district judge in the Northern District of California pressed pause on a mislabeling suit involving "natural" claims pending the outcome of two Ninth Circuit appeals.
United States
23 Nov 2015
19
Tomorrow Is Another One-A-Day: FDA Guidelines Preempt Vitamin Claims, But Consumer Class Still Has Opportunity To Supplement
Although consumer class actions in California are dime-a-dozen, a recent Northern District of California case involving One A Day vitamins stands out because it demonstrates how federal regulations can preempt certain state law claims regarding the health benefits of dietary supplements.
United States
1 May 2015
20
Nutritious And Judicious: Nutribullet Blender False Ad Claim Survives Attack From Ninjas And Phantom Reviewers
While courts may not officially be in the business of ghostbusting, a district court in California recently offered some support to a blender manufacturer apparently haunted by a phantom reviewer.
United States
5 Mar 2015
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