Ad Law Access
A Higher Bar to Class Certification in the Third Circuit?
The Third Circuit recently ruled to reverse the certification of a class of consumers who alleged that Bayer falsely advertised the metabolism-boosting benefits of its WeightSmart dietary supplement. The court held…
Breaking Bad Class Action: Is Apple Really Breaking Promises?
The onslaught of consumer class actions against advertisers continues with Apple’s marketing of certain “Season Passes” on iTunes being challenged. Noam Lazebnik, an Ohio physician, filed a complaint on behalf of…
Advertising the Price Right
All advertisers need to exercise caution in advertising special prices or discounts. Car dealerships need to be especially careful, right now. The FTC announced preliminary settlements with two car dealerships – one in…
Gain with Less Pain: Ending Your Competitor's False or Misleading Advertising Claims Without Having to Litigate
The best marketers train one eye on their marketing message and the other on their competitors'. And when a competitor's claim is deemed to go too far, it is the legal department that must consider its options in…
FTC Announces Settlements on "No VOC" Claims
The Federal Trade Commission (“FTC”) announced settlements with three mattress manufacturers last week that prohibit the manufacturers from making claims that their products are free from volatile organic compounds…