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Putative class alleges fraud in mascara marketing claims

Shook Hardy & Bacon LLP
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USA
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December 13 2012

A California resident has filed a putative class action against Coty Inc., alleging that it falsely advertises one of its cosmetic products, Rimmel London Lash Accelerator Mascara with Grow-Lash Complex, as a product that can lengthen and thicken eyelashes in just 30 days

Putative class suit against cosmetics maker follows FDA warning letter

Shook Hardy & Bacon LLP
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USA
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November 8 2012

Less than three weeks after the Food and Drug Administration (FDA) issued a warning letter advising Avon Products that marketing claims for some of its Anew beauty products violate the Food, Drug, and Cosmetic Act, a California resident filed a putative class action against the company claiming that class members did not get the benefit of their bargain in purchasing the products

Sherwin-Williams and PPG settle FTC charge of misleading consumers about paint

Shook Hardy & Bacon LLP
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USA
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November 8 2012

As a result of a Federal Trade Commission (FTC) crackdown on companies that make misleading “green” claims, two of the nation’s leading paint companiesSherwin-Williams Co. and PPG Industries, Inc.have agreed to stop advertising that some of their paints are free of the potentially harmful chemicals known as volatile organic compounds (VOCs

Putative class challenges “Super Stay” lipstick advertising claims

Shook Hardy & Bacon LLP
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USA
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October 11 2012

Plaintiffs from three states have filed a putative class action against Maybelline, LLC, alleging that the company’s marketing and promotions highlighting the long-lasting qualities of its lipstick are misleading, inaccurate and deceptive

Putative class challenges health-benefits claims for FiveFingers running shoes

Shook Hardy & Bacon LLP
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USA
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July 19 2012

Seeking to certify a state-wide class of product purchasers, a California resident has filed a consumer fraud action against the company that makes running shoes marketed with “health benefit” claims

U.S. Supreme Court grants cert. to consider class certification question

Shook Hardy & Bacon LLP
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USA
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June 28 2012

In the context of antitrust claims involving a cable service provider, the U.S. Supreme Court has decided to review “whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.”

FTC settles false ad claims against Skechers for $40 million

Shook Hardy & Bacon LLP
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USA
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May 24 2012

The Federal Trade Commission (FTC) has settled false advertising allegations filed against a company that claimed its athletic shoes effectively strengthen muscles, cause weight loss or have other health benefits

Putative class challenges validity of ''magnetic wave technology'' therapeutic claims

Shook Hardy & Bacon LLP
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USA
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April 5 2012

A California resident has filed a putative statewide class action against a company that purportedly makes a line of products “labeled and advertised as possessing ‘Magnetic Wave Technology’” and “falsely implies that the magnets have a therapeutic value, when in reality there is no scientific evidence that the magnets are of any therapeutic or any other health-related value.”

Federal court denies class certification request in ''made in the USA'' tools case

Shook Hardy & Bacon LLP
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USA
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April 5 2012

In the last remaining case of multidistrict litigation alleging that Sears, Roebuck & Co. misled consumers by advertising its line of Craftsman tools, now mostly made abroad, as manufactured in the United States, a federal court has dismissed a count brought under federal warranty law and denied the plaintiff’s motion to certify a statewide class of claimants

FDA issues draft guidance on direct-to-consumer TV ads for prescription drugs

Shook Hardy & Bacon LLP
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USA
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March 22 2012

The Food and Drug Administration (FDA) has issued draft guidance for industry titled “Direct-to-Consumer Television AdvertisementsFDAAA DTC Television Ad Pre-Dissemination Review Program.” Comments are requested by May 14, 2012, to ensure consideration before the final draft is prepared