In line with prior precedent, the Second Circuit recently affirmed that the product label for Whole Foods’ fish oil softgel product did not deceptively

Proskauer Proskauer on Advertising Law

02.07.2024

What’s in a Word? The Legal Battle over “Natural” in False Advertising | Proskauer on Advertising Law

While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts

Proskauer Proskauer on Advertising Law

02.07.2024

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance | Proskauer on Advertising Law

The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance

Proskauer Proskauer on Advertising Law

02.07.2024

Eco-Friendly Claims Under Fire: The Legal Risks of Greenwashing for Businesses | Proskauer on Advertising Law

In today's market, eco-friendly claims can serve as a tool for companies looking to attract environmentally conscious consumers. However, this surge in

Proskauer Proskauer on Advertising Law

03.06.2024

Second Circuit Serves Up a Win for Subway in TCPA Case | Proskauer on Advertising Law

While there might not be such a thing as a free lunch, Subway in 2016 texted a consumer that she could receive a free bag of chips with any purchase. The

Proskauer Proskauer on Advertising Law

10.05.2024

Courts Neutralize Baseless Acid Lawsuits | Proskauer on Advertising Law

Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial

Proskauer Proskauer on Advertising Law

21.11.2023

FTC Continues to Stake Out Role as Key AI Regulator | Proskauer on Advertising Law

While speaking at the annual conference of the National Advertising Division on September 19, 2023, the Federal Trade Commission (“FTC”) announced a

Proskauer Proskauer on Advertising Law

07.11.2023

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision | Proskauer on Advertising Law

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 fintech

Proskauer Proskauer on Advertising Law

01.07.2023

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

This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of

Proskauer Proskauer on Advertising Law

05.01.2023

Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling | Proskauer on Advertising Law

Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on

Proskauer Proskauer on Advertising Law

30.11.2022

Court Cuts Short Challenge to Zicam’s “Clinically Proven to Shorten Colds” Claims | Proskauer on Advertising Law

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

Proskauer Proskauer on Advertising Law

30.11.2022

Advertising Class Action Trends in 2021 | Proskauer on Advertising Law

2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for

Proskauer Proskauer on Advertising Law

30.11.2022

Key 2021 Decisions from the NAD and NARB | Proskauer on Advertising Law

With more than 80 closed cases, 2021 was another unprecedented year at the National Advertising Division and National Advertising Review Board.

Proskauer Proskauer on Advertising Law

30.11.2022

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

It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective, this

Proskauer Proskauer on Advertising Law

30.11.2022

Proskauer Panel on Environmental Advertising Claims at ANA | Proskauer on Advertising Law

Please join us on Tuesday, September 13, for a Proskauer panel at ANA covering the latest legal developments related to environmental advertising claims.

Proskauer Proskauer on Advertising Law

30.11.2022

Sheep’s Clothing: Court Dismisses Lawsuit Over Allbirds’ Carbon Footprint and Animal Welfare Claims | Proskauer on Advertising Law

Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and

Proskauer Proskauer on Advertising Law

30.11.2022

Instant Dismissal: Court Dismisses Instant Oatmeal Case against Whole Foods Market | Proskauer on Advertising Law

Judge Rachel Kovner of the Eastern District of New York recently dismissed a putative class action challenging Whole Foods Market’s label claims that its

Proskauer Proskauer on Advertising Law

30.11.2022

On Notice: Unsubstantiated or Unrepresentative Testimonials | Proskauer on Advertising Law

Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using

Proskauer Proskauer on Advertising Law

30.11.2022

On Notice: Disclosing Unexpected Material Connections in Advertising | Proskauer on Advertising Law

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

Proskauer Proskauer on Advertising Law

30.11.2022

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising Class Action | Proskauer on Advertising Law

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed

Proskauer Proskauer on Advertising Law

30.11.2022

A Slammed (Open)Door: FTC Reaches $62 Million Proposed Settlement with Real Estate Company | Proskauer on Advertising Law

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

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Reasonable Consumer Analysis Leads to Dismissal of Claims of Greenwashing | Proskauer on Advertising Law

Nothing Fishy About Whole Foods’ Fish Oil Supplement Product Label | Proskauer on Advertising Law

What’s in a Word? The Legal Battle over “Natural” in False Advertising | Proskauer on Advertising Law

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance | Proskauer on Advertising Law

Eco-Friendly Claims Under Fire: The Legal Risks of Greenwashing for Businesses | Proskauer on Advertising Law

Second Circuit Serves Up a Win for Subway in TCPA Case | Proskauer on Advertising Law

Courts Neutralize Baseless Acid Lawsuits | Proskauer on Advertising Law

FTC Continues to Stake Out Role as Key AI Regulator | Proskauer on Advertising Law

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision | Proskauer on Advertising Law

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

Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling | Proskauer on Advertising Law

Court Cuts Short Challenge to Zicam’s “Clinically Proven to Shorten Colds” Claims | Proskauer on Advertising Law

Advertising Class Action Trends in 2021 | Proskauer on Advertising Law

Key 2021 Decisions from the NAD and NARB | Proskauer on Advertising Law

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

Proskauer Panel on Environmental Advertising Claims at ANA | Proskauer on Advertising Law

Sheep’s Clothing: Court Dismisses Lawsuit Over Allbirds’ Carbon Footprint and Animal Welfare Claims | Proskauer on Advertising Law

Instant Dismissal: Court Dismisses Instant Oatmeal Case against Whole Foods Market | Proskauer on Advertising Law

On Notice: Unsubstantiated or Unrepresentative Testimonials | Proskauer on Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising | Proskauer on Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising Class Action | Proskauer on Advertising Law

A Slammed (Open)Door: FTC Reaches $62 Million Proposed Settlement with Real Estate Company | Proskauer on Advertising Law

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