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|FTC Letter States Pinterest Contest Entries are Endorsements|
Kenneth R. Florin, Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
April 8, 2014, previously published on April 2014After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a contest offering a prize.
Robert A. Poklar; Weston Hurd LLP;
April 7, 2014, previously published on March 2014In the October 2013 issue of You Auto Know©, I discussed ongoing Federal Trade Commission ("FTC") investigations regarding dealer advertising compliance. As you know, several dealers throughout the United States entered into 20 year consent agreements which stated that the dealership...
|Unanimous Supreme Court Articulates New Test for Standing in Lanham Act False Advertising Cases|
Kristen Grace Hilton, Jonathan A. Loeb; Bingham McCutchen LLP;
April 3, 2014, previously published on March 31, 2014On March 25, 2014, the Supreme Court articulated a new test for determining who has standing to bring a false advertising claim under the Lanham Act. The Lanham Act permits claims by “any person” likely to be damaged by a defendant’s false advertising but implies that a plaintiff...
|Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action - Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible”|
Robin Achen; Jones Day;
April 3, 2014, previously published on March 26, 2014In Morgan v. Wallaby Yogurt Co., Inc., the U.S. District Court for the Northern District of California denied defendant’s motion to dismiss a class action complaint alleging violations of the UCL, FAL, and CLRA for mislabeling yogurt products, but struck plaintiffs’ prayer for...
|A (POM) Wonderful Result For Consumer Class Action Defendants|
Paul Seeley; Jones Day;
April 3, 2014, previously published on March 26, 2014On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously certified class of consumers who purchased certain POM juice...
|POM Wonderful's Decertification Decision Will Be Hard to Swallow for the Plaintiffs' Class Action Bar|
Bety Javidzad, Gregory J. Sater, Daniel S. Silverman; Venable LLP;
April 3, 2014, previously published on March 2014On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and misleading health claims related to its pomegranate juice. Judge Pregerson's...
|Medical Services Advertising - to Be or Not to Be?|
Irina Akimova; Capital Legal Services;
April 2, 2014, previously published on February 7, 2014Starting from January 1, 2014, amendments to Part 8 of Article 24 of Federal Law No.38-FZ “On advertising” (hereinafter the “Advertising Law”) dated 13.03.2006 has come into effect.
|U.S. Supreme Court Settles Lanham Act Standing Conflict|
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
April 2, 2014, previously published on March 27, 2014On March 25, 2014, the U.S. Supreme Court ruled that Static Control Components, Inc. had the right to sue Lexmark International Inc. under the Lanham Act’s false advertising prong. In doing so, the Court established a new Lanham Act standing test, rejecting several different tests circuit...
|SCOTUS Rules Indirect Competitors May Bring 43(a) False Advertising Action|
Richard J. Leighton; Keller and Heckman LLP;
April 1, 2014, previously published on March 26, 2014On March 26, 2014, the Supreme Court of the U.S. ruled unanimously, in an opinion by Justice Scalia, that a company - whether or not it is a direct competitor - has standing to bring a false advertising action under Section 43(a) of the Lanham Act where it alleges that it lost sales and/or had its...
|U.S. Supreme Court Clarifies Standing Requirements for Lanham Act False Advertising Claim|
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
March 28, 2014, previously published on March 26, 2014A unanimous U.S. Supreme Court held Tuesday that a plaintiff may bring a false advertising claim under the Lanham Act, 15 U.S.C. § 1125(a), even where the plaintiff is not a direct competitor of the defendant. A false advertising plaintiff need only allege “injury to a commercial...