A split Ninth Circuit panel recently reversed the dismissal of claims against P.F. Chang’s regarding the chain’s use of the term “krab mix” in the ingredients list for certain sushi rolls. Kang v. P.F. Chang’s China Bistro, No. 20-55138 (9th
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.
Latest from Proskauer on Advertising Law - Page 6
Not a Kernel of Standing: Ninth Circuit Affirms Dismissal of Complaint Against Pop Secret
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Diamond Foods engaged in unfair practices, created a nuisance, and breached the warranty of merchantability by including partially hydrogenated oils as an ingredient in Pop Secret popcorn. …
Key 2020 Decisions from the NAD and NARB
With more than 100 closed cases, 2020 was another busy year at the National Advertising Division and National Advertising Review Board. Proskauer’s False Advertising Group closely tracks these decisions from the advertising industry’s self-regulation system to stay apprised of the…
Judge Has No “Reservations” Dismissing Advertising Suit Against Omni Hotels
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its hotel room rates on Expedia. In doing…
2020 Advertising Law Year in Review
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every individual…
Judges Toss Plain “Vanilla” Deceptive Labeling Claims
The beverage industry came out on top in a pair of recently dismissed lawsuits alleging the use of the term “vanilla” on drink labels was misleading, where the vanilla flavor allegedly did not come exclusively from the vanilla bean plant.…
The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor
The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the manufacturer’s U.S. subsidiary and…
Seventh Circuit Sides with Plaintiffs in Appeal of “100% Grated Parmesan Cheese” Claims
The Seventh Circuit recently reversed a district court’s dismissal of a class action false advertising complaint, holding that an ingredient list’s disclosure of components other than parmesan cheese did not foreclose the possibility of reasonable consumers being deceived by a…
Much A-Brew About Nothing: Court Dismisses False Ad Suit Against Starbucks
Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing so, the Court found that plaintiffs…
Ninth Circuit Credits Arbitration Clause and Class Action Waiver in Experian Advertising Suit
In a putative class action concerning Experian’s marketing of its “Experian Credit Score” service, the Ninth Circuit recently affirmed a lower court order granting Experian’s motion to compel arbitration based on an arbitration clause in its terms and conditions. That…