Jason Gordon and Casey Perrino published an article in Law360 this week titled, “6 Advertising Law Trends To Watch In 2021.” A copy of the article is available here. You may also a PDF of the article here.

Jason Gordon
Aldi Sued Over “Underfilled” Coffee In Class Action Lawsuit
Last week, a putative class action lawsuit was filed against Aldi Inc. regarding certain Beaumont Coffee products sold in its stores. According to the complaint, the packaging for the coffee product states that a single package will make “Up to 210 6 oz Cups.” According to package instructions, the plaintiffs assert that a single serving…
FTC Issues Largest Ever Judgment Over Made In The USA Claims
Last week, the Federal Trade Commission issued a $1.2 Million judgment against glue maker, Chemence. Chemence is the manufacturer of various glues. The judgment originates from the production and manufacturing of various glue products with pre-packaged and pre-labeled Made in the USA claims. Additionally, the FTC alleged that Chemence represented to third parties that their…
Twitter Announces, “Fleets”
On November 17, 2020, Twitter introduced Fleets, “a new way to join the conversation.” Fleets are “fleeting” tweets; ones that disappear from an account after 24 hours. According to Twitter’s blog, the impetus behind the product iteration is that users feel that posting permanent Tweets presents too much social pressure. Users can “Fleet” various media,…
Supermodel Sues for Alleged Unauthorized Use of Her Likeness
On November 16, 2020, supermodel Anastassia Khozissova filed a $20 million lawsuit in the New York state court against Ralph Lauren Corp. (“Ralph Lauren”) and HBO for their alleged unauthorized use of her likeness. Ms. Khozissova has been featured in campaigns and runway shows for numerous luxury brands, including Ralph Lauren. The model once shared…
Trump International Hotel Faces BIPA Class Action Lawsuit
Late last month, the Trump International Hotel in Chicago became the latest target hit with a class action lawsuit under the Illinois Biometric Information Privacy Act (BIPA).
Gianni Bartucci alleges he and other employees of the luxury downtown Chicago hotel were required to scan their handprints and/or fingerprints each time they clocked in and clock…
New York Bill Gives Credit Card Holders 90 Days to Redeem Rewards
The New York Senate recently passed a bill that is expected to give New York residents a 90-day grace period to redeem credit card rewards after their account is changed, canceled, closed, or terminated. The bill will address issues where a cardholder’s account is closed without notice for inactivity, default, or delinquency – in such…
A Not-So-American Style: Williams-Sonoma to pay $1M to FTC Over Deceptive “Made in USA” Claims
The FTC recently approved a final consent order against home product and kitchen ware company, Williams-Sonoma, Inc. Under the order (available here), Williams-Sonoma is required to pay $1 million to the FTC in connection with charges that it made false, misleading, or unsubstantiated “Made in USA” claims.
The FTC first announced its compliant in…
New Florida Law Gives College Athletes Right to Profit from their Name, Image and Likeness
Last month, Florida Governor Ran DeSantis signed a new bill into law allowing college athletes to be paid for use of their names, images and likenesses. The new law is set to take effect on July 1, 2021 with the hopes that not only will other states follow Florida’s lead, but such state legislation will…
Reese Witherspoon and her fashion line Draper James face a privacy class action and breach of contract over ‘free dress’ giveaway
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers that has gone horribly wrong.
To read more about the implications of advertising and promotion rules and the impact of the California…