Ad Law Access
Supreme Court To Clarify Standing For False Advertising
On June 3, 2013, the U.S. Supreme Court agreed to hear Lexmark International’s petition from a lower court ruling that a party with merely a “reasonable interest” to protect had standing to sue for false advertising…
Ohio Lawsuit Alleges Deceptive Advertising by Jos. A. Bank
On May 24, 2013, Ohio consumers filed a class action lawsuit in U.S. District Court (N.D. Ohio) alleging that advertising by clothing retailer Jos. A. Bank violates the Ohio Consumer Sales Practices Act (“CSPA”) and…
Supreme Court Overturns Class Certification in Suit Against Comcast
On March 27, 2013, the Supreme Court held five to four in Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) that the district court improperly granted certification in an antitrust class action because of the…
NJ Federal Court Dismisses False Advertising Class Action Alleging a Lack of Substantiation
Last month, in Gaul v. Bayer Healthcare LLC, the U.S. District Court for the District of New Jersey dismissed a class action lawsuit predicated on a National Advertising Division (“NAD”) decision that found that…
NAD Recommends Changes to a Price-Matching Claim
The NAD recommended that Toys “R” Us modify or discontinue its price-matching claim: “Price Match Guarantee — Spot a lower advertised price? We’ll match it.” The claim was accompanied by a disclosure informing…