Ad Law Access
NAD Holds that a Trademark Can be a Claim
In a decision issued last week, the NAD held that even trademarked phrases are subject to advertising laws. A company that makes dishwasher products was asked to substantiate the phrase “Outshines the Competition.” The…
Court Dismisses Promotional Pricing Proposed Class Action
For marketers facing challenges to their promotional pricing strategies, a new ruling could bolster their defenses. Earlier this week, a federal judge in New Jersey granted Jos. A. Bank's Motion to Dismiss in a…
Alabama Supreme Court Holds Brand-Name Drug Manufacturer Liable for Ad Representations Made by Generic Drug Manufacturer
The Alabama Supreme Court recently held in Wyeth, Inc. v. Weeks, – So.3d –, No. 1101397, 2013 WL 135753 (Ala. Jan. 11, 2013) that a drug company may be held liable for fraud or misrepresentation (by affirmative…
Commission Issues Decision In the matter of POM Wonderful LLC
On January 16, 2013, the Federal Trade Commission (“Commission”) issued an Opinion In the matter of POM Wonderful LLC upholding in part and overruling in part Chief Administrative Law Judge D. Michael Chappell’s May…
NAD Decision Addresses Promotional Pricing
We’ve posted several entries about lawsuits involving continuous sales and promotional pricing. (Click here and here, for examples.) This week, the NAD announced a decision involving similar issues. Lowes frequently…