McDonald’s and Wendy’s defeat lawsuit over burger depictions
Recently, we blogged about a lawsuit that accused Arby’s of false advertising by serving roast beef and brisket sandwiches that contained significantly less meat than what was depicted in advertisements. Arby’s may be breathing a sigh of relief right now because McDonald’s and Wendy’s have just prevailed in a similar lawsuit that targeted the depictions of their burgers.
Coffee seller’s motion to dismiss class action denied by court
In a recent legal battle, Starbucks became the center of a lawsuit filed by plaintiffs who are alleging deceptive advertising practices related to beverage and food items sold in their stores. The case, combined with the court’s recent ruling denying Starbuck’s motion to dismiss, raises questions about the transparency of product labeling and the expectations of consumers when it comes to the accuracy of product names.
The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Morgan Spina titled "Deceptive Pricing: Unlawful Trickery or Skillful Selling?"
On December 22, 2015, the Federal Trade Commission (“FTC”) issued the Native Advertising: A Guide for Business (the “Native Advertising Guide”). The Native Advertising Guide was published to help companies determine when and how to disclose what content is native advertising.
In two recent decisions, CARU considered children’s “bead” art playsets and reinforced that advertisers must clearly disclose information about what products are included in the initial purchase, and avoid creating the impression that a product can perform in a manner that it cannot.
The New York Attorney General's lawsuit against Donald Trump individually and Trump Entrepreneur Initiative, LLC (f/k/n Trump University) for false advertising could proceed.
Four companies reached settlement with FTC on charges that their products were 'all natural' despite containing artificial ingredients or chemicals.
The FTC has approved a final consent order with Machinima, Inc., requiring the company to disclose when it has compensated influencers to post YouTube videos or other online product endorsements as part of influencer campaigns.
The FTC brought charges against Lord and Taylor claiming that it deceived consumers by paying for native advertisements, including a seemingly objective article in Nylon (an online publication) and a Nylon Instagram post, without disclosing that the posts actually were paid promotions for Lord & Taylor’s 2015 Design Lab clothing collection.
Federal Trade Commission, all Fifty States, and the District of Columbia v. Cancer Fund of America Inc., et al., No. 2:15-cv-00884-NVW (D. Ariz.)
Deceptive pricing/sales practices continue to be at the forefront of state regulators and private plaintiffs. The New York Attorney General’s recent $500,000 settlement with leading drug store retailer Walgreens/Duane Read involving allegations of such practices sends a strong message to retailers to verify that their pricing and sales practices are consistent with federal and state law.
Mobile provider settles with FTC for deceptive advertising claims about its data plans.