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Proskauer on Advertising Law Blog

Articles: 1-10 of 189

Crypto chaos: Ethereummax executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce sued in cryptocurrency advertising class action

USA - January 27 2022 Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed…

Instant dismissal: court dismisses instant oatmeal case against whole foods market

USA - January 26 2022 Judge Rachel Kovner of the Eastern District of New York recently dismissed a putative class action challenging Whole Foods Market’s label claims that…

On notice: disclosing unexpected material connections in advertising

USA - January 13 2022 In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to…

On notice: Unsubstantiated or unrepresentative testimonials

USA - January 12 2022 Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using…

Court cuts short challenge to Zicam’s “clinically proven to shorten colds” claims

USA - December 14 2021 In Yamasaki v. Zicam, LLC, Case No. 21-cv-2596 (N.D. Cal. 2021), Plaintiff alleged certain Zicam® cold remedy products were falsely advertised as…

On notice: Continued use of endorsements

USA - December 10 2021 Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful…

On notice: Misattributed, False, or Mischaracterized endorsements

USA - November 16 2021 Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the issues of falsely attributed…

On notice: Procedural overview of the FTC’s section 5 penalty offense authority

USA - October 29 2021 As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them…

On notice: FTC issues warning to hundreds of companies regarding the use of fake reviews and other misleading endorsements in online marketing campaigns

USA - October 18 2021 Prompted by the proliferation of social media advertising that often blurs the line between authentic content and sponsored posts, the Federal Trade…

“Butter” luck next time: Court finds California cannot preclude vegan dairy from using “Vegan Butter” Labeling

USA - October 5 2021 Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of…