Searching Content indexed under Advertising, Marketing & Branding by Holland & Knight ordered by Published Date Descending.
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"0g Trans Fat" Misrepresentation Claim Reinstated
In Hawkins v. Kroger Co., 906 F. 3d 763 (9th Cir. 2018), the court of appeals reversed the district court's dismissal of a putative consumer class action
United States
3 Jan 2019
Reliance On False Label Not Always Necessary To State A Claim
In Johnson v. Atkins Nutritionals, Inc., No. 2:16-cv-04213, 2018 WL 3398162 (W.D. Mo. July 12, 2018), the plaintiff sued the defendant on various theories ...
United States
24 Sep 2018
Manufacturer Fails To State Claim For Dog Food Packaging Against Competitors
In Wysong Corp. v. APN, Inc., Nos. 17-1975-81, 2018 WL 2050449 (6th Cir. May 3, 2018), the court of appeals affirmed dismissal of a pet food manufacturer's Lanham Act ...
United States
13 Jun 2018
State Law Challenge To Organic Branding Of Baby Formula Pre-Empted By OFPA
In Marentette v. Abbott Labs., Inc., 886 F. 3d 112 (2d Cir. 2018), the court of appeals affirmed the district court's dismissal of some consumers' putative class action lawsuit against infant formula...
United States
13 Jun 2018
Protecting Your Product And Brand Through Minimum Advertised Price Policies
On Aug. 7, 2017, The Wall Street Journal Reported That A Growing Number Of Brands Are Pushing Back On The Growth Of Large Online Retailers By Adopting And Enforcing MAP Policies, Among Other Strategies.
United States
18 Aug 2017
Healthcare Law Update: December 2016
In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary judgment for Omnicare...
United States
6 Jan 2017
Regulators And Industry Thought Leaders Discuss Issues In Social Media Advertising
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar...
United States
5 Oct 2016
Court Upholds Agency Memorandum Relaxing Billboard Restrictions
The U.S. Court of Appeals for the District of Columbia recently affirmed a lower court ruling that a FHWA memorandum loosening restrictions for digital billboards along highways did not violate the APA.
United States
14 Sep 2016
How To Avoid The "Front Page"
Over the past several years, being on the "front page" has taken on a new meaning. It used to signify being the next Wall Street pundit and foodie darling – the up-and-coming food rage or a successful IPO.
United States
12 Aug 2016
Social Media Marketing In 2016 (Webinar)
The way you advertise is changing rapidly. Television, radio and print are being augmented – if not replaced – by blogs, Facebook, Instagram and customer-generated content.
United States
27 Jul 2016
Everything's On Sale (Or Is It?): Lessons For Retailers Looking To Avoid Class Action Lawsuits
Almost every company selling consumer products has a sale on something at some point. And some companies offer everyday low pricing or a variant of that practice.
United States
10 Feb 2016
FTC Grapples With Regulation Of New Media In New Policy Statement Addressing Native Advertising
On December 22, 2015, the Federal Trade Commission (FTC) issued a new enforcement policy statement explaining how established consumer protection principles apply to "native" advertising.
United States
24 Dec 2015
Food And Beverage Law Update: October 2015
Class action litigation is on the rise in the food industry. The jurisdictions that still see the majority of federal class action filings are California, New York, Illinois and Florida.
United States
29 Oct 2015
Proposed California Bar Opinion Seeks To Clarify Advertising Rules For Lawyer Blogs
California Joins Growing Number of States in Attempting to Tackle Emerging Lawyer Advertising Issue.
United States
1 Apr 2015
D.C. Circuit Upholds FTC Ruling On Deceptive Advertising; Rejects First Amendment Challenge
In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising.
United States
9 Feb 2015
Federal Court Strikes Florida Lawyer Advertising Rules
A Florida federal court held that two Florida Bar rules restricting attorney advertising violate the First Amendment to the United States Constitution.
United States
5 Feb 2015
"Look and Feel" Of A Website Can Constitute Protectable Trade Dress
The Court in Ingrid & Isabel, LLC v. Baby Be Mine, LLC, attempted to catalogue previous cases that confronted the question of whether the "look and feel" of a website constituted protectable trade dress.
United States
16 Oct 2014
Affiliate Marketer Can Survive Motion To Dismiss On Breach Of Contract For Referrals
Affiliate marketers are a considerable cog in assisting companies, including search engines and online retailers, in guiding potential customers to click on sponsored links.
United States
23 Sep 2014
Condo Hotel Branding: Benefits And New Risks With Rule 506(c)
Condominium hotels are experiencing renewed interest, buoyed by the rising tide for real estate, as well as favorable trends for financing under the SEC's new Rule 506(c).
United States
12 Aug 2014
Administrative Law Judge Rules Camera-Equipped Model Airplanes Are Cleared for Take-Off
A ruling by an administrative law judge punches a hole through the FAA's ban on the unlicensed use of commercial drones.
United States
8 Mar 2014
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