Ad Law Access
Ninth Circuit Pulps POM Wonderful's Lanham Act Claims Against Coca-Cola, Affirming FDA Preclusion of Challenge to Regulated Food Labeling
A panel of the Ninth Circuit Court of Appeals ruled May 17 on an appeal from summary judgment in a case filed by pomegranate juice maker POM Wonderful against the Coca-Cola Company's Minute Maid division. The dispute…
Skechers Agrees to Pay $40 Million to Settle Charges of Unsubstantiated Claims for Toning Shoes
Last year, we posted that Reebok had agreed to pay $25 million to settle charges that it had made unsubstantiated claims about its toning shoes. This week, the FTC announced that Skechers agreed to pay a record $40…
Recent Decision Applies Prior Substantiation Doctrine to Bar False Advertising Claims Based on Lack of Substantiation
Continuing with the recent trend of dismissing false advertising complaints premised on a "prior substantiation" theory or granting summary judgment to defendants in such cases where the plaintiff fails to demonstrate…
Planning a Social Media Campaign? Consider These Legal Risks
This five-minute video from the Bloomberg BNA Internet Law Resource Center provides an overview of some of the legal issues companies should consider before they engage in social media. Kelley Drye partner Gonzalo E.…
Foreign Territory: Dietary Supplement Clinical Trials Conducted Abroad
The Federal Trade Commission ("FTC"), in the last couple of years, has made clear that it expects advertisers making strong cause-and-effect claims (e.g., “Lose weight,” “Helps prevent irregularity”) to possess, at a…