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Is it deceptive to label food products with the mark of the American Heart Association ('AHA') without disclosing that the AHA was paid for use of its certification mark? This [...]

Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of [...]

Last fall, we covered the Southern District of New York's dismissal of Board-Tech Electronic Company's Lanham Act false advertising claim. Based on its own internal testing, Board-Tech alleged that light [...]

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a [...]

On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection [...]

Recognizing the growing role of social media and influencers in marketing today, the Federal Trade Commission announced on April 19 that it sent more than 90 letters to social media [...]

On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that designs on cheerleading uniforms may be protectable under the Copyright Act. The Court's [...]

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry's advertising about the employment rates [...]

Last month we summarized the Second Circuit's important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics, concerning SPD's false advertising [...]

In an important recent false advertising decision in a suit brought by home pregnancy test manufacturer Church & Dwight against its principal competitor SPD Swiss Precision Diagnostics, a Second Circuit [...]

Earlier this month, the U.S. Court of Appeals for the Second Circuit issued a consequential opinion on the meaning and scope of what has become the 'transformative use' factor of [...]

Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case [...]

A putative class action got burned at the certification stage earlier this month when U.S. Magistrate Judge Edwin G. Torres for the Southern District of Florida found that the proposed [...]

Last month, the Northern District of California held that prominent photographs of fruits and vegetables on Plum Organics' food packaging were not enough to mislead a reasonable consumer into believing [...]

For plaintiffs concerned that the Fourth Circuit Court of Appeals' June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for [...]

Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices. Nordstrom Rack discloses the savings it offers customers by placing 'compare at' labels [...]

Assume the following: plaintiff brings a putative class action under state consumer protection laws alleging that he bought a product based on false claims on its packaging. He seeks monetary [...]

Although consumer class actions in California are dime-a-dozen, a recent Northern District of California case involving One A Day vitamins stands out because it demonstrates how federal regulations can preempt [...]

The District Court of Maine recently provided a reminder that - even in the post-Lexmark world of Lanham Act false advertising standing - Article III standing requirements can still impose [...]

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third [...]