Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Breaking the Sham Barrier in Yeager v. Bowlin

Two recent Ninth Circuit Court of Appeals decisions in Yeager v. Bowlin, Nos. 10-15297 and 10-16503 (9th Cir. Sept. 10, 2012), a Lanham Act and right-of-publicity dispute between legendary test pilot Gen. Charles…

NAD Recommends an Advertiser Modify its Green Claims

Last month, the FTC issued a revised version of their Green Guides and a warning that they would closely scrutinize environmental claims. If you think the odds that the FTC will find your claims is low, you should…

Questions and Answers on Advertising Law

Over the past year, several companies have entered into high-profile settlements with the FTC over allegations that their products didn’t work as advertised. For example, Skechers agreed to pay $40 million to settle…

The Case of the Piggyback Class Action

In increasing numbers, courts have granted summary judgment to the defendants in (or dismissed) consumer class actions in which the plaintiffs have alleged that certain advertising claims are false, deceptive, and/or…

Federal Court Awards Summary Judgment to Nestlé in False Advertising Class Action Involving Probiotic Supplement

On July 16, 2012, the United States District Court for the District of New Jersey granted summary judgment in favor of Nestlé Healthcare Nutrition, Inc. in Scheuerman, et al. v. Nestlé Healthcare Nutrition, Inc., No.…