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Proskauer on Advertising Law Blog

Articles: 1-10 of 195

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision

USA - November 6 2023 This past Friday, the Second Circuit reversed a lower court’s denial of a motion to compel arbitration in a putative consumer class action against…

FTC Finalizes Updates to Endorsement Guides, Reflecting Increased Focus on Online Reviews and Social Media Marketing

USA - July 1 2023 This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of…

Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling

USA - January 5 2023 Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional…

“Born in the USA”?: Place of Origin Claims Take Center Stage in False Advertising Suits and FTC Enforcement

USA - September 7 2022 It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective…

A Slammed (Open)Door: FTC Reaches $62 Million Proposed Settlement with Real Estate Company

USA - September 6 2022 Last month, the FTC announced that it reached a $62 million proposed settlement with Opendoor Labs, related to the Commission’s investigation of the…

Sheep’s clothing: Court dismisses lawsuit over Allbirds’ carbon footprint and animal Welfare claims

USA - June 13 2022 Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact…

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…