The Eighth Circuit recently affirmed the dismissal of a class action alleging that Unilever’s differential pricing of men’s and women’s antiperspirants violated the Missouri Merchandising Practices Act (MMPA). In doing so, the Court found plaintiff’s claims wrongly equated marketing targeted
Proskauer on Advertising Law
Proskauer on Advertising Law, published by Proskauer Rose LLP, focuses on legal developments and regulatory issues related to advertising practices. The blog covers topics such as compliance with Federal Trade Commission (FTC) rules, including the Click-to-Cancel Rule and Negative Option Rule, subscription and auto-renewal laws, consumer protection enforcement, and class action litigation involving advertising claims. It also addresses privacy concerns linked to marketing technologies, product labeling disputes, and advertising in specialized sectors like gaming. The blog provides insights into navigating complex regulatory frameworks and defending against consumer and regulatory challenges in advertising and marketing law.
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Judge Looks “Kind”ly Upon Certifying Class in Snack Bar Advertising Suit
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars, deceptively marketed…
Judge Recommends Lanham Act Litigant “Shake it Off”
Judge Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania recently dismissed a Lanham Act suit that challenged critical comments on a blog (not this one!). The case was brought by plaintiff Crash Proof Retirement,…
FTC Workshop: “Bringing Dark Patterns to Light”
The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers and the marketplace.…
Supreme Court Curtails FTC Power to Seek Restitution in Court
A unanimous Supreme Court yesterday significantly curtailed the FTC’s ability to obtain the equitable monetary remedies of restitution and disgorgement of profits from entities accused of engaging in deceptive practices in violation of the FTC Act. In so holding, the…
Ninth Circuit Drowns Out Alkaline Water Suit
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Trader Joe’s misled consumers by representing its Alkaline Water product as “ionized to achieve the perfect balance.” In rejecting plaintiff’ allegations that the advertising referred to balancing…
Supreme Court “Unfriends” Ninth Circuit Decision Applying TCPA to Facebook
In a unanimous decision, the Supreme Court today held that Facebook’s “login notification” text messages (sent to users when an attempt is made to access their Facebook account from an unknown device or browser) did not constitute an “automatic telephone…
A Dose of Relief: Federal Judge Dismisses Walgreens Infant Acetaminophen Class Action
Judge Edward Davila of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging Walgreens misled consumers into believing its store-brand Infants’ Pain & Fever Acetaminophen is specially formulated for infants. …
Top Dog: Champion Petfoods Wins Dismissal of Dog Food Suit
Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to disclose traces of heavy metals and barbiturates. In…
Fourth Circuit La(t)ches On to Timeliness of § 43(a) Lanham Act Claims
The Fourth Circuit recently overturned a district court’s decision to apply an analogous state law statute of limitations to bar a claim for false advertising under § 43(a) of the Lanham Act. In doing so, the Court held that because…