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|I Scream, You Scream, We All Scream For... Ascertainability?|
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
January 13, 2014, previously published on January 10, 2014On January 7, 2014, the Northern District of California refused to certify a class of Ben & Jerry’s purchasers who allegedly had purchased ice cream that was falsely advertised as “all natural.” Astiana v. Ben & Jerry’s Homemade, Inc., No. C 10-4387 PJH, 2014 U.S....
|FTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Product|
Justin J. Prochnow; Greenberg Traurig, LLP;
January 10, 2014, previously published on January 8, 2014On Tuesday, January 7, 2014, the Federal Trade Commission (FTC) held a press conference to announce “Operation Failed Resolution,” a new initiative as part of the FTC’s ongoing effort to combat misleading claims for products promoting easy weight loss and slimmer bodies. The FTC...
|'Natural' Target of False Advertising Class Action Escapes Liability|
Ed Chansky; Greenberg Traurig, LLP;
January 8, 2014, previously published on January 7, 2014A recent decision in the Central District of California marks a victory for a company using the term “natural” to advertise its shampoo and lotion products. Balser v. The Hain Celestial Group, Inc., CV 13-05604-R, December 18, 2013 (dismissing complaint with prejudice).
|New Self-Regulatory Compliance Decisions Focus on Roles of Agency and Demand Side Platform Engaged in Online Behavioral Advertising|
Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
January 7, 2014, previously published on December 2013The Better Business Bureau’s Online Interest-Based Advertising Accountability Program issued three compliance decisions involving an advertiser, its agency and the provider of a self-service demand side platform in relation to the advertiser’s targeted advertising practices. The...
|Decree Guiding Advertising Law in Vietnam Comes into Force|
Mai Phuong Nguyen, Thi Mai Nguyen; Mayer Brown JSM Vietnam Limited;
January 6, 2014, previously published on January 2, 2013On 21 June 2012 the National Assembly passed the Law on Advertising which, among other things, contains very strict provisions on the advertising of special goods that may have an impact on human health.
|Advertising Law in Lebanon|
Nisrine W. El Haddad, Lara Salem; SADER & Associates (Advocates & Legal Consultants);
December 23, 2013, previously published on January 2013Advertising is part of daily life, from street posters, print ads, and online campaigns to indirect advertising such as promotional events. A variety of laws dictate what may or may not be advertised or marketed and in which ways. Among these laws are the Penal Code, the Publications Law, the...
|Vintage Asbestos Advertisements|
Katie Nealon; Brayton Purcell LLP;
December 20, 2013, previously published on December 20, 2013Do you remember when asbestos was used in a wide array of consumer goods? Originally thought to be a "miracle mineral," asbestos was taken from its natural state in the earth and repurposed for many different reasons throughout the world, especially in America.
|California Supreme Court to Address Insurance Coverage of Advertisers|
Jeremy M. King, Andrew B. Lustigman; Olshan Frome Wolosky LLP;
December 18, 2013, previously published on December 2013The California Supreme Court currently is considering an appeal that will have broad-reaching consequences for policyholders that face allegations of patent and trademark infringement. Hartford Cas. Ins. Co. v. Swift Distribution, Inc., No. S207172 (Cal.). Gary-Michael Dahl sued Swift Distribution,...
|BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures|
Rohit Dave; Proskauer Rose LLP;
December 16, 2013, previously published on December 13, 2013The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the online behavioral advertising...
|Second Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York|
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
December 13, 2013, previously published on December 12, 2013Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past five years. Because of the availability of statutory penalties, these cases...