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Ad Law Access Blog

Articles: 1-10 of 538

SDNY Relies on “Simple Reading” of Label to Dismiss False Advertising Claim

USA - September 21 2020 Last week, a federal judge in the Southern District of New York dismissed a putative class action alleging that L’Oreal’s “EverSleek Keratin Caring”…

Supreme Court Upholds Constitutionality of the TCPA

USA - July 8 2020 On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the government debt…

Tackling the Privacy, Data Security, and Employment Issues Related to Returning to Work

USA - July 6 2020 Coronavirus testing and screening procedures are central to many companies’ return-to-work plans. Because testing and screening data is often…

Court rejects as speculative putative class action complaint alleging “v’nilla almond” granola is not flavored exclusively from vanilla beans

USA - July 1 2020 A California federal judge has dismissed a putative class action against Kellogg for failing to back up the Plaintiff’s theory that Kellogg’s Bear…

Beginning of a TCPA Clean-Up? FCC Sets Another Robocall Blocking Item for Vote While Addressing Two of Nearly Three Dozen Pending Petitions

USA - June 30 2020 On the same day that the FCC set a call blocking declaratory ruling for vote at its July 2020 Open Meeting, the FCC’s Consumer and Governmental…

FTC Seeks Rule to Collect Civil Penalties for Made in USA Labeling Violations

USA - June 29 2020 Further to ongoing efforts to evaluate and regulate how companies advertise and label that their products are “Made in the USA,” last week the FTC…

District Court Affirms Need to Turn Over Data Breach Report

USA - June 26 2020 Earlier this month, we offered our analysis and takeaways from a Magistrate Judge’s decision that defendant Capital One was required to produce a…

CCPA 2.0 Gets Closer to Reality: CPRA Eligible for November 2020 Ballot; How Does it Compare to CCPA?

USA - June 25 2020 On June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for…

Supreme Court Issues Liu Decision on Disgorgement with Important Implications for Section 13(b)

USA - June 22 2020 The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC. The opinion, authored by Justice Sotomayor (with…

NAD Frowns on Teeth Alignment Comparisons

USA - June 14 2020 Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that…