Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are to regular or previously advertised prices, or to the prices of competitors, consumers are increasingly challenging comparison advertising in court. Alleged state and nationwide class actions have been filed against numerous companies in California, Illinois, Ohio, Pennsylvania, New Jersey, Massachusetts and other states, and BakerHostetler expects this type of retail advertising litigation to continue to climb.

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