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HTMLFTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle
Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
February 11, 2014, previously published on February 6, 2014
Nissan North America, Inc. and the advertising agency that designed a television advertisement for the Nissan Frontier pickup truck have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising in a 30-second ad demonstrating how a Frontier can push a dune buggy up a steep...

 

HTMLRecent Rulings Highlight Risks of Shareholder Clawbacks, Capped Credit Bids for Distressed Investors; Appeals Pending
Adam H. Friedman, Jonathan T. Koevary, Mitchell Raab; Olshan Frome Wolosky LLP;
Legal Alert/Article
February 10, 2014, previously published on February 2014
A pair of Bankruptcy Court rulings last month, Weisfelner v. Fund 1 (In re Lyondell Chemical Co.,), Adv. Proc. Case No. 10-4609 (REG) 2014 WL 118036 (Bankr. S.D.N.Y Jan. 14, 2014) and In re Fisker Automotive Holdings, Inc.,Case No. 13-13087 (KG) (Bankr. D. Del. Jan. 17, 2014), address two of the...

 

HTMLFashion Documentaries: A Fashion Do
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 14, 2014
Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction. Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and...

 

HTMLFTC Targets Deceptive Advertising of Sale, Finance and Lease Terms by Automotive Dealers
David N. Anthony, Paige S. Fitzgerald, Nicholas R. Klaiber, John C. Lynch, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article
January 30, 2014, previously published on January 22, 2014
Following up its settlement with two automotive dealers in September 2013, the Federal Trade Commission (FTC) has continued its nationwide targeting of misrepresentations made in print, Internet and video advertisements that relate to the sale, financing and leasing of motor vehicles. The FTC...

 

HTMLSupreme Court Holds That State Attorney General Suits Brought on Behalf of a State's Residents Cannot Be Removed to Federal Court Under the Class Action Fairness Act
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
On January 14, 2014, in Mississippi ex rel. Hood v. AU Optronics Corp., the U.S. Supreme Court unanimously held that lawsuits brought by state attorneys general seeking, among other things, recovery of funds for the benefit of a state's residents, do not qualify for removal to federal court under...

 

HTMLI Scream, You Scream, We All Scream For... Ascertainability?
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 13, 2014, previously published on January 10, 2014
On 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....

 

HTMLFTC Cracks Down on Fad Weight-Loss Products; Guidance to Consumers and Media: Don't Believe Ads Claiming Fast and Easy Weight Loss
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 13, 2014, previously published on January 9, 2014
On January 7, the FTC announced an initiative “Operation Failed Resolution” stating that it wants to protect consumers against deceptive weight loss claims. Among other things, the FTC announced actions against four companies for advertising fad weight-loss products, issued an updated...

 

HTMLFTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Product
Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
January 10, 2014, previously published on January 8, 2014
On 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...

 

HTML'Natural' Target of False Advertising Class Action Escapes Liability
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
A 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).

 

HTMLNew 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;
Legal Alert/Article
January 7, 2014, previously published on December 2013
The 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...

 


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