Advertising & Marketing Law Blog

Foley Hoag’s advertising and marketing legal team brings deep experience and a long, successful record to the increasingly complex legal landscape in which advertising claims are made and evaluated. Our Advertising and Marketing Practice provides a broad range of regulatory, advisory and disputes-oriented representation around the promotion of goods and services.

Latest from Advertising & Marketing Law Blog

Class action suits by consumers continue to be on the rise, especially in the false advertising area. Some recent rulings, especially in districts that have not been traditional class-action hotbeds, have made them more attractive to plaintiffs. But there are still effective strategies for defending these cases. Foley Hoag presents a webinar covering hot topics related to false advertising class actions, including: Subject matter of recent false advertising class actions Current tactics being used by…
On March 19, 2017, Marilu Calderon went shopping at the Kate Spade outlet store in Carlsbad, California, and a “Flavor of the Month” charm pendant caught her eye.  The price on the tag was $78.00, but in-store signs stated that the product was an additional 60% off.  Ms. Calderon thought that was a good deal, so she purchased the pendant for $31.20. Five months later, in New Jersey, Brenda Tripicchio did some shopping at the…
A scene from the 2018 FDLI Food Advertising, Labeling and Litigation Conference. Modernization of Food Claims, Nutrient Content Claims, and Health Claims Plant-Based Food Products, Clean Meat, and Cellular Agriculture Supply Chain Risk Considerations and Marketing Claims Standards of Identity Social Media Marketing Label Claims and Substantiation Litigation Trends Update on Nutrition Labeling General Counsel Roundtable This year, for the first time, FDLI is soliciting conference session proposals from the food industry, legal and regulatory…
Fourteen thousand, eight hundred and fifty-nine reviews! Four and a half stars! Who can resist these authentic, crowd-sourced endorsements of a product or service? Studies and market results show that consumers rely heavily on user-submitted reviews in choosing among products and sellers on e-storefronts. But how authentic are these user reviews? In February, the FTC settled a case with a company that it accused of purchasing falsified user reviews. Beyond outright fabrication, user reviews can…
Partner Dave Kluft discusses five questions to think about when considering marijuana packaging and advertising in a legal column for Packaging Strategies magazine. With each passing year, the legalized cannabis industry grows as the stigma associated with it decreases. Ten states currently permit recreational marijuana, over 20 more permit medicinal use, and annual nationwide spending on legal cannabis is projected to reach nearly $50 billion in the next decade. Despite this, those seeking to partake…
On March 5, Food and Drug Administration Commissioner Scott Gottlieb resigned after 22 months at the helm of the agency. His resignation will be effective as of a date that is as yet unspecified, but will be about one month from the date of his announcement. What might his resignation portend for any changes in FDA policy with respect to food marketing? Gottleib was not known for focusing on food issues during his tenure. In…
People on social media, and in some face-to-face social settings, often reveal more about themselves than they need to or really should. When someone makes an embarrassing but unnecessary disclosure, we call it “oversharing.” We might respond, “Oh, wow, TMI” (the online code for “too much information”). Last week, two court rulings – one dismissing a litigation, and the other ruling an ordinance unconstitutional – helped food companies resist efforts by activists to compel them…
On Thursday, February 7, Foley Hoag partner August Horvath will join a panel of other authorities to discuss methods of damages estimation in food labeling class actions, sponsored by the ABA Section of Litigation.  Numerous class action suits continue to be brought alleging food mislabeling involving the package size, the nation of origin, the functional and health benefits, or the contents of consumer products. Class certification decisions in these cases have often critically depended…
We have written many times about the key players in U.S.-based advertising regulation: the Federal Trade Commission, the National Advertising Division, and states’ attorneys general.  But there is another player that is often overlooked in these discussions: consumer advocacy groups. One of the leading consumer advocacy groups focused on advertising is Truth in Advertising (TINA.org), an independent non-profit organization that monitors advertising for claims it views as misleading or deceptive.  When it identifies…
The La Choy Dragon, from a 1960s product label. Most of the Food and Drug Administration’s standards of identity for food products were formulated in the early 20th century, and they reflected the foods in American stores and kitchens of that time. America was a less diverse country then, and the people writing its laws and regulations were even more homogeneous. The names of the foods defined in the FDA’s regulations were those familiar to,…