Ad Law Access
BodyArmor targeted in putative class action alleging the drink’s advertising misleads consumers as to its health benefits, continuing a trend
The plaintiffs’ class action bar continues to target “healthy” advertising claims made by food and beverage companies by bringing expensive class action lawsuits against the companies. The latest company forced to…
2019 Selected Top Ad Law Access Reads and Listens
In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others: California Consumer Privacy Act (CCPA) CCPA was far and away the most popular topic of 2019…
“Puerto Rico’s Favorite Pasta” Is Not NARB’s “Favorite” Claim Without Substantiation
The National Advertising Review Board (“NARB”) recently upheld an NAD decision regarding Goya Foods, Inc.’s claim, “ La Pasta Favorita de Puerto Rico ” or “Puerto Rico’s Favorite Pasta,” finding that the claim was not…
NAD Opines on “Favorite” Claims
The line between what’s an objective claim (which does require proof) and puffery (which does not require proof) isn’t always clear, and reasonable minds can differ as to on which side of the line a claim belongs. When…
FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act…