Ad Law Access
Tenth Circuit Rules that False Advertising Plaintiffs Must Allege Evidence of Implied Falsity and Quantify Damages at Pleading Stage
In a Lanham Act false advertising action by cosmetic surgeons against plastic surgeons – yes, those are two different things – the Tenth Circuit Court of Appeals, in an August 31 opinion, affirmed dismissal of Lanham…
Lands’ End Requests Dismissal of “Made in U.S.A.” Class Action After Reimbursing Plaintiff
Last week, Lands’ End tried a second time to dismiss a “Made in U.S.A.” class action with the novel argument that, because the company had already reimbursed the plaintiff for the necktie she purchased, she is not…
Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit
On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained…
FTC Administrative Law Judge Rejects Commission's Definition of “Biodegradable"
Decision Also Reiterates Appropriate Standards for Consumer Perception Surveys On February 6, 2015, Chief Administrative Law Judge D. Michael Chappell announced his decision (“Initial Decision”) in the case of FTC…
D.C. Circuit Upholds FTC on POM’s Advertising, Strikes Two-Study Standard
The U.S. Court of Appeals for the D.C. Circuit issued an opinion on Friday, January 30, upholding the Federal Trade Commission’s findings that POM Wonderful’s advertising, in which it claimed that consuming POM…