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Proskauer on Advertising Law Blog

Articles: 1-10 of 120

Plaintiff Fails to Butter Up Court with Mashed Potato Suit

USA - August 29 2019 We have previously written about decisions addressing food product labels, and the messages that these labels convey about the products’ ingredients…

Court Lets Trader Joe’s Out of Sticky Situation Over Honey Advertising

USA - July 30 2019 A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe’s misled its consumers…

En Banc Ninth Circuit Reinstates and Clarifies Standard for Nationwide Class Action Settlement

USA - July 18 2019 Last month, the Ninth Circuit sitting en banc affirmed, by an 8-3 vote, a nationwide class settlement of a multidistrict litigation against…

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

USA - July 1 2019 On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is…

NAD Not Influenced by Verification Platform’s Claims

USA - June 19 2019 In a recent decision, the advertising industry self-regulatory body NAD recommended that influencer marketing firm Ahalogy tone down some of its…

Supreme Court Limits Removal of Class-Action Counterclaims

USA - May 30 2019 On May 28, the Supreme Court decided Home Depot U.S.A. V. Jackson, 17-1471 (2019), ruling 5-4 that third-party counterclaim defendants may not remove…

Suit Over Use of American Heart Association Certification Mark Maintains a Pulse

USA - May 20 2019 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…

Justin Timberlake Waves Bai Bai Bai to Partially Dismissed “No Artificial Flavors” Beverage Mislabeling Suit

USA - April 30 2019 Last month, a judge in the Southern District of California partially dismissed a putative class action against beverage company Bai Brands, LLC…

California Court Sours on Starbucks Gummies Lawsuit

USA - April 25 2019 Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of…

Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha

USA - April 15 2019 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…