Ad Law Access
Ninth Circuit Considers the Meaning of an “Up to” Claim
Energizer claimed that its AA MAX batteries are “up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against…
10th Circuit Decision at Odds with FTC over “American Made” Claims
I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of…
Court Holds Reasonable Consumers Won’t be Misled by Sephora’s “Clean” Claims
Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word “clean” to describe their products. One day later, a New York federal court issued a decision in…
Top Advertising Law Developments in 2023
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and…
SharkNinja Faces Heat Over Temperature and Non-Stick Claims
In 1985, Bon Jovi released their second studio album, 7800° Fahrenheit. As a good New Jersey resident with good taste in music, I bought the album. I remember learning that the title supposedly referred to the melting…