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Searching Content indexed under Advertising, Marketing & Branding by Proskauer Rose LLP ordered by Published Date Descending.
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1
Recent Rulings Highlight Limits Of CDA Immunity In Products Liability Cases Against E-Commerce Platforms
In early July, an appeals court ruled that Amazon should be considered a "seller" of goods under Pennsylvania products liability law and subject to strict liability
United States
19 Aug 2019
2
Court Lets Trader Joe's Out Of Sticky Situation Over Honey Advertising
A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe's misled its consumers about the purity of its manuka honey.
United States
2 Aug 2019
3
SCOTUS To Decide Whether The Lanham Act Requires Proof Of Willfulness For Disgorgement Of Profits
In Romag, the plaintiff, a manufacturer of magnetic snap fasteners, sued Fossil and various retailers for, among other things, infringement of an unregistered trademark in violation of section 1125(a) of the Lanham Act based on their sale of merchandise that featured snaps bearing the Romag mark.
United States
11 Jul 2019
4
New California Court Decisions Showcase Robust CDA Immunity
Three recent court decisions reaffirm the expansive immunity awarded to online providers that host third-party content under Section 230 of the Communications Decency Act
United States
11 Jul 2019
5
NAD Not Influenced By Verification Platform's Claims
In a recent decision, the advertising industry self-regulatory body NAD recommended that influencer marketing firm Ahalogy tone
United States
3 Jul 2019
6
The Tor Browser Afforded CDA Immunity For Dark Web Transactions
The District of Utah ruled in late May that Section 230 of the Communications Decency Act, 47 U.S.C. §230 ("CDA") shields The Tor Project, Inc. ("Tor"),
United States
1 Jul 2019
7
Suit Over Use Of American Heart Association Certification Mark Maintains A Pulse
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?
United States
4 Jun 2019
8
California Court Sours On Starbucks Gummies Lawsuit
Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of foods, which reached differing results.
United States
14 May 2019
9
Ninth Circuit Denies Review Of Class Certification In Beer Labeling Brouhaha
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing's request for leave to appeal a grant of class certification to a consumer class.
United States
1 May 2019
10
Ninth Circuit Sends Brain-Booster Claim Case Back To District Court
After Ninth Circuit review, it remains to be seen whether a nutritional supplement maker can claim that ginkgo biloba leaf extract and vinpocetine supplements improve "alertness," "mental clarity, and memory" ...
United States
26 Apr 2019
11
Third Circuit Shreds Plaintiff's Credit Card Receipt Case On Standing Grounds
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act ("FACTA"), absent any showing of concrete harm.
United States
15 Apr 2019
12
Snack Bar Class Action Powers On After USDA Action And FDA Inaction
Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York
United States
2 Apr 2019
13
FTC Statistics Confirm Risks To Advertisers Of Refusing To Participate In NAD Proceedings
No advertiser likes challenges to its advertising, whether by private litigants, state or federal governmental agencies, or in voluntary self-regulatory NAD proceedings
United States
2 Apr 2019
14
If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)
Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)'s 14-day deadline for a losing party ...
United States
13 Mar 2019
15
Nestlé's Non-Disclosure Of Child And Slave Labor Issues On Packaging Not Deceptive Or Unfair, Massachusetts Federal Court Holds
First, the court examined whether Nestlé deceived customers by failing to disclose alleged child and slave labor practices in its supply chain on product packaging.
United States
11 Mar 2019
16
SDNY Judge Not Sweet On Dannon's Bid For A Preliminary Injunction
In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon's application for a preliminary
United States
26 Feb 2019
17
State Of Nature: District Courts Diverge In Treatment Of "Natural" False Advertising Claims
Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term "natural" for food products underscore the difficulty in predicting the likelihood
United States
15 Feb 2019
18
San Francisco City Ordinance Takes A Hard Hit In Ninth Circuit Soft Drink Lawsuit
The opinion for the Court caught flak in two concurring opinions
United States
13 Feb 2019
19
SCOTUS To Decide If Courts Must Defer To The FCC's Interpretation Of "Unsolicited Advertisements" Under The TCPA
On November 13, 2018, the Supreme Court agreed to consider the amount of deference a federal court is required to give the Federal Communications Commission in determining what constitutes an unsolicited advertisement ...
United States
8 Feb 2019
20
Kimberly-Clark Unable To Flush Wet Wipes Case
On December 10, 2018, the Supreme Court denied certiorari in Kimberly-Clark Corp, v. Davidson, No. 18-304 (2018) ...
United States
31 Jan 2019
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