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|FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle|
Irving Scher; Greenberg Traurig, LLP;
February 11, 2014, previously published on February 6, 2014Nissan 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...
|Recent 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;
February 10, 2014, previously published on February 2014A 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...
|Fashion Documentaries: A Fashion Do|
Sheppard Mullin Richter Hampton LLP;
February 3, 2014, previously published on January 14, 2014Since 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...
|FTC 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;
January 30, 2014, previously published on January 22, 2014Following 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...
|Supreme 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;
January 17, 2014, previously published on January 16, 2014On 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...
|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 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.;
January 13, 2014, previously published on January 9, 2014On 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...
|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...