In this issue:
- Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser's Product, Scarcity of Challenger's Product
- District Court Adopts Report and Recommendation, Denies Judgment on the Pleadings, in Lanham Act Suit Challenging 'Same Quality' Claim
- Reputational Injury Arising From Unauthorized Use of Likeness May Support Lanham Act Liability
- Court Rejects Lanham Act Claim Premised on Future Advertising by Nonparties
- House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress
- Ninth Circuit: Plaintiffs Need Not Prove Administratively Feasible Method of Identifying Class Members to Establish Ascertainability
- Second Circuit Affirms Denial of Class Certification Where Plaintiff Fails to Establish Administratively Feasible Method of Identifying Class Members
- Disclaimer Accurately Qualified Ads for Beer
- Seventh Circuit Rejects Class Alleging That 'Unnecessarily Large' Eye Drops Were Premium Priced
- Ninth Circuit: Consumers Cannot Be Misled Into Believing That Bud Light Lime-A-Rita Is a Low-Calorie Beer
National Advertising Division (NAD) and National Advertising Review Board (NARB)
- NARB backs NAD's actions in jurisdictional challenge from Colgate-Palmolive, but recommends ASRC re-examine certain rules in light of "the explosion of consumer class actions"
- Advertiser to appeal after NAD advises certain claims regarding premium gasoline be discontinued
- NAD recommends dietary supplement maker modify, discontinue certain claims, modify third-party product review practices
- NAD cautions advertiser in use of before-and-after photos, recommending discontinuance of claims not supported by underlying studies while finding other uses of photos permissibly 'aspirational'
- Negative Option Marketing Enforcement Actions in Federal Court
- Negative Option Enforcement Action Involving DirecTV Subscriber Contracts Settles on the Morning of Trial
- Sixth Circuit Declines Review of FTC Adjudication of False Biodegradability Claims
- Pulley Block Systems Distributor Agrees to Stop Misleading 'Made in U.S.A.' Claims
Consumer Privacy and Data Security
- Judge Trims Proposed Class Action Over Wendy's Data Breach
- Winco Foods' Motion to Dismiss Granted in FCRA-Disclosure Litigation
- FTC Releases Guidelines for Businesses Targeted by Phishing Scams
- Neiman Marcus Agrees to $1.6M Settlement in Data Breach Suit
- Google Email-Scanning Settlement Rejected as 'Unclear' and 'Inadequate'
- Employee Training Continues to Be a Key Component for Corporate Cyber Health
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