Ad Law Access

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

“Prime Pork” Grading Claims Dismissed by Federal Judge In Florida

A federal judge in Florida recently dismissed a false advertising case against Tyson Fresh Meats and The Fresh Market challenging the use of the word “prime” to describe Tyson’s “Chairman’s Reserve Prime Pork.”…

Tea Drinkers Bag Bigelow Tea for “Made in USA” Claims

On July 13, consumers filed a class action complaint in California federal court against Bigelow Tea, alleging the company falsely and deceptively represented that its tea products were made in the United States.…

Supreme Court to Weigh-in on the Definition of an Autodialer Under TCPA

On July 9, 2020, the Supreme Court granted Facebook’s petition for certiorari in a case with potentially broad implications for both class action litigation and business communications with their current and potential…

Court Rejects As Speculative Putative Class Action Complaint Alleging “V’nilla Almond” Granola Is Not Flavored Exclusively From Vanilla Beans

A California federal judge has dismissed a putative class action against Kellogg for failing to back up the plaintiff’s theory that Kellogg’s Bear Naked Granola V’nilla Almond does not include vanilla flavoring derived…

Cosmetic or Drug? California Federal Court Refuses to Say.

Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often…