Recent Articles

Sears was watching you

June 04, 2009 17:31

Sears settled a Federal Trade Commission complaint alleging that it failed to adequately disclose the scope of the information it collected through a downloaded software application available to members of its "My SHC Community." According to the Commission's complaint, Sears... Sears settled a...

Attack Ads

May 26, 2009 20:40

According to Adage more companies are calling out their competitors in "attack ads." Recent campaigns cited by the article include Domino's claims that it beat Subway in a taste test, Campbell Soup's campaign touting the superiority of its Select Harvest...According to Adage more companies are...

Hot Dog Wars

May 26, 2009 14:30

Last week Sara Lee Corp. filed suit against Kraft Foods Inc. alleging that advertising claims for its Oscar Mayer Jumbo Beef Franks are false and violate the Lanham Act. According to the complaint, Kraft promotes the product as "the 100%...Last week Sara Lee Corp. filed suit against Kraft Foods...

First Mini-Wheats, now Cheerios

May 14, 2009 20:07

It has been a bad few weeks for breakfast cereal manufacturers. First the Federal Trade Commission took Kellogg to task for making false and unsubstantiated claims for its Frosted Mini-Wheats cereal. According to the FTC's complaint, Kellogg claimed that Frosted...It has been a bad few weeks for...

FTC can seek gross revenue, not just profits

May 08, 2009 19:21

Two recent decisions held that the Federal Trade Commission can seek as restitution the full amount of loss incurred by consumers as opposed to disgorgement of defendant's profits. Federal Trade Commission v. Stefanchik, 559 F.3d 934, 931-32 (9th Cir. 2009);...Two recent decisions held that the...

CSPI v. VitaminWater

January 15, 2009 20:59

The Center for Science in the Public Interest filed a class action lawsuit against The Coca-Cola Company alleging that it misrepresents the nutritional content and health benefits of its product, VitaminWater. According to the complaint, Coca-Cola advertised and marketed VitaminWater...The Center...

FDCA preempts claims over Aquafana

December 10, 2008 16:42

Finding their claims preempted by the Food Drug and Cosmetic Act (FDCA), the United States District Court for the Southern District of New York dismissed a class action complaint against Pepsico, Inc. over the labeling of its Aquafina bottled water.... Finding their claims preempted by the Food...

FTC's Guides on Endorsements and Testimonials

December 01, 2008 22:19

The Federal Trade Commission is seeking comments on proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. Endorsements and testimonials are advertising messages that consumers are likely to believe reflect the opinions, beliefs, findings, or...The...

Classmates are not looking for you

November 18, 2008 21:07

Wired notes that a California man filed a lawsuit against classmates.com for allegedly misrepresenting that former classmates were looking for him on line. According to the complaint, the plaintiff paid $15 for a subscription to the social networking site, which...Wired notes that a California man...

NAD: Green Works as good as most, for most

September 16, 2008 19:15

The National Advertising Division (NAD) recommended that The Clorox Co. (Clorox) modify unqualified parity claims for its line of Green Works household cleaning products. The Clorox Co., Green Works, (Case #4882 07/17/08). S.C. Johnson & Son, Inc. challenged a number...The National Advertising...