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Eighty-eight percent of consumers are willing to pay more for healthier foods. Manufacturers have responded by focusing marketing campaigns on the health and safety benefits of their products, often at the expense of their competitors. But when Arla Foods portrayed a seven-year old girl defining a common hormone used to increase milk production in cows as “weird stuff” akin to a “six-eyed monster” with “razor sharp teeth” and electric fur, a Wisconsin federal judge…
Many businesses acquire commercial liability insurance coverage to protect against “advertising injury” resulting from their marketing practices. But while the term “advertising injury” on its face may sound comprehensive, its definition in the insurance policy may be narrower than you think. As a result, some businesses have received a rude awakening after learning: (1) they are being sued for false advertising; and (2) their insurance company is not going to pay for it. Vitamin Health…
The federal district court in Alexandria, Virginia denied a motion to dismiss the Redskins trademark case, making it clear that the “Rocket Docket” is open for business and ready to hear cases brought by parties who are dissatisfied with decisions made by the Trademark Trial and Appeal Board (TTAB).  Pro-Football Inc. v. Blackhorse, 14-cv-01043, U.S. District Court, Eastern District of Virginia (Alexandria). Parties who are dissatisfied with TTAB decisions can initiate “de novo” proceedings…
In an important development for product demonstration claims, a federal court recently dismissed with prejudice a lawsuit claiming that Apple’s advertising overstated the voice recognition capability for Siri. When Apple first launched its iPhone 4S the company touted the inclusion of a voice-activated personal assistant, called “Siri.”  A number of commercials were aired in which consumers were shown querying Siri with requests regarding traffic, weather, sending texts, restaurants, gas stations and music.  To see Martin…
If you have not encountered the Consumer Protection Bureau odds are you will as the CFPB has authority over virtually every type of consumer financial transaction.  With a lengthy confirmation and constitutional battle over the recess appointment of its Director now behind it, the CFPB has ramped up an already active regulatory and enforcement agenda. While the CFPB initially reached several high profile settlements with several credit card issuers, more recently the CFPB has filed…
As many of you know, we periodically blog about the goings on at the Consumer Financial Protection Bureau.  Sometimes referred to as a “superagency,” the CFPB was created by Congress in an effort to consolidate authority over consumer financial transactions from seven agencies to one.  As a result the CFPB has jurisdiction that spans virtually every living room and board room as it can enforce and regulate laws relating to every form of banking, lending,…