The Northern District of California has dismissed for the third and final time a proposed discrimination class action against Facebook that challenged Facebook’s former tool that allowed advertisers to select target audiences for their housing advertisements in violation of the federal Fair Housing Act. Plaintiffs alleged that this tool could exclude protected classes of consumers from seeing certain advertisers’ housing ads. Facebook moved to dismiss, arguing that plaintiffs lacked standing and its publishing conduct was protected under Section 230 of the Communications Decency Act.
Continue Reading Facebook Demolishes Housing Ad Discrimination Suit

On April 30, 2021, the Mexican Chamber of Senators and Deputies passed a new law on “Transparency, Prevention and Combating of Unfair Practices in Advertising Contracting.” The law seeks to eliminate and prosecute non-transparent media practices between advertisers, media owners, and agencies. The law will go into effect on September 1, 2021.
Continue Reading Mexico leads media transparency efforts with new law

The Ninth Circuit affirmed the dismissal of a class-action lawsuit that alleged Trader Joe’s Manuka Honey product labeling was misleading. Trader Joe’s marketed its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey.” Plaintiffs claimed that these labels were misleading because the honey only consisted of between 57.3% and 62.6% honey derived from Manuka flower nectar. Plaintiffs alleged that the label and ingredient list created a “false impression” that the Trader Joe’s honey contained a higher percentage of honey derived from Manuka.
Continue Reading Sweet Victory: Ninth Circuit Affirms Dismissal of Trader Joe’s Honey False Ad Suit

On June 7, 2021, the Southern District of California dismissed a case against Edgewell Personal Care, Co., alleging that defendants’ label on its “Wet Ones” antibacterial hand wipes was false and deceptive. Plaintiff brought a putative class action against defendants for making misleading representations about the efficacy and skin safety of its hand wipes. The suit was filed under the California Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), and Consumer Legal Remedies Act (“CLRA”).
Continue Reading So Fresh and So Clean: Wet Ones Wipes Suit Dismissed

The National Collegiate Athletic Association (NCAA) has officially adopted interim policy changes that will allow college athletes the opportunity to benefit from their name, image, and likeness (NIL). This change comes on the heels of NCAA v. Alston, discussed here, where the Supreme Court ruled 9-0 that the NCAA violated anti-trust laws when it limited education-related benefits a college or university could offer student athletes. We previously wrote about the NCAA’s adoption of a new rule allowing elite Olympic and Paralympic athletes to have “additional training expenses” paid without jeopardizing their NCAA eligibility. This new policy goes well beyond the NCAA’s previous rule.
Continue Reading Score One for the Student Athletes: NCAA Adopts Interim Name, Image, Likeness Policy

This CLE webinar offers a unique, inside look at how BBB National Programs’ National Advertising Division (NAD) evaluates medical devices and other health-related products and services. Our panelists will engage in a lively discussion of recent enforcement trends and challenges for manufacturers, and how companies can effectively use the NAD framework to their advantage. In addition, this event will discuss NAD guidance on self-regulation and how to use it as a tool to ensure competitors also meet the standards set by the Federal Trade Commission (FTC).
Continue Reading Register today! Join us for a CLE webinar “Evolving Roles for Self-Regulation of Medical Devices and Health Services”

The COVID-19 pandemic has had immeasurable effects on consumers and how they engage with brands, with the elimination of in-person consumer interactions for nearly a year. As a result, some brands are taking consumers’ entrance into the metaverse one step further by developing virtual worlds that allow the consumer to engage with the brand in

Last week, the Department of Justice (“DOJ”) together with the Federal Trade Commission (“FTC”) announced a new civil lawsuit filed against St. Louis-based chiropractor Eric Anthony Nepute and his company, Quickwork LLC, alleging that they deceptively marketed products containing vitamin D and zinc as scientifically proven to treat or prevent COVID-19. This is the first

The ANA’s Law & Public Policy 1-Day Conference returns virtually to examine the ways in-house counsel can help their marketing teams “future proof” their advertising and marketing programs. From a deep dive into the new administration’s policies to cutting edge discussions on privacy, measurement, transparency, brand safety, and more, this is a must-attend conference for