Tag Archives: False Advertising

NAD Refers Advertising Claims Made By Mattress Maker To FTC

The National Advertising Division of the Better Business Bureau (“NAD”), the investigative unit of the advertising industry’s system of self-regulation, recently referred advertising claims made by Nectar Sleep, LLC for its Nectar Mattress to the Federal Trade Commission (“FTC”) after Nectar Sleep failed to respond to the NAD’s request to provide substantiation for its claims. … Continue Reading

Federal Court Tosses False Advertising Suit Against Trader Joe’s Alkaline Water

A California federal court granted Trader Joe’s motion to dismiss a false advertising lawsuit with regards to Trader Joe’s alkaline water, finding that all but one of plaintiff’s claims were non-actionable puffery, and granting plaintiff leave to amend the single remaining claim. Plaintiff alleged that Trader Joe’s alkaline water product labelling, which included numerous plus … Continue Reading

Federal Court Tosses False Advertising Suit Over Angie’s List Rankings

A Kansas federal court granted Angie’s List’s motion to dismiss a class action lawsuit alleging false advertising, finding that most of plaintiff’s claims were time-barred and the rest were not properly pled. The owner of a tree trimming business spent over $200,000 in advertising on Angie’s List from 2005 and 2013. According to the plaintiff, … Continue Reading

“As Seen on TV” Means Exactly That, Court Finds

In a recent false advertising case, the court reminded everyone again that if you say something about your product, you had better mean it. Emson, which sells cookware products largely through direct response television spots, brought a false advertising claim against Masterpan and Smart & Eazy Corp. (“S&E”). According to Emson, both defendants made false … Continue Reading

Six Years Behind Bars: DOJ Gives Dire Warning to Online False Advertisers

The First Circuit recently affirmed the six-year sentence of Mustafa Hassan Arif, who sold bogus drugs and health products under a panoply of brands he had concocted out of Pakistan. Arif created and operated over 1,500 websites to market and sell the products, and induced unwitting purchasers in the United States and elsewhere to buy … Continue Reading

Hat Makers Marketed Made-Up “Made In America” Claims, FTC Says

In January of this year, the FTC announced its complaint against the Bollman Hat Company and its wholly-owned subsidiary, SaveAnAmericanJob, LLC, for allegedly violating its policy on “Made in the USA” claims. Bollman and its subsidiary, which sells hats under the Bollman, Bailey Western, Betmar, Country Gentleman, Eddy Bros., Helen Kaminski, Jacaru, Kaminski XY, Kangol, … Continue Reading

Trader Joe’s Candies Are Tart, But Not “Natural,” False Advertising Suit Claims

Trader Joe’s “Ts & Js Lemon Grapefruit Lime Tangerine Sour Gummies” have soured the palate of at least one consumer, according to a recently-removed Southern District of California lawsuit. Plaintiff Serena Wong, who filed her complaint against the grocery giant earlier this year, claims that the candies contain an undisclosed artificial ingredient, d-l malic acid, … Continue Reading

A Puffed Quinoa By Any Other Name Would Still Be False Advertising

Puffed quinoa snacks presumably would contain mostly quinoa right? Not according to the putative class action lawsuit filed in a New York federal court earlier this year. Lead plaintiff Russell Ransom alleges that defendant I Heart Foods Corp.’s line of “I Heart Keenwah” puffed quinoa snacks are not, as the name implies, primarily quinoa. Rather, … Continue Reading

Got Margarine? Post Seeks Dismissal of Mashed-Potato False Labelling Suit

Briefing closed last month on Post Holdings Inc.’s attempt to dismiss a putative class action false labeling suit over Post’s prepackaged mashed potatoes, which Post claims are “made with real butter.” The plaintiffs allege that although the product does contain real butter, Post misrepresented that in fact it also contains margarine. The plaintiffs initiated suit … Continue Reading

E.V.Oh.No! Olive Oil Salad Dressing Maker Must Face False Advertising Suit

An Illinois federal court recently rejected packaged food company Pinnacle Foods Group LLC’s attempt to dismiss a putative class action suit against it over its line of “Wishbone E.V.O.O. Dressing- Made With Extra Virgin Olive Oil” salad dressings. The lead plaintiff allegedly purchased a bottle of the dressing in Illinois and took it across state … Continue Reading

“Weight Loss” vs. “Weight Management”: Vitamin Shoppe Sidesteps False Advertising Suit

Putative class representative Andrea Nathan renewed her efforts to hold Vitamin Shoppe, Inc. liable under California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and breaches of express and implied warranties over Vitamin Shoppe’s “Garcinia Cambogia” dietary supplements after a California district court judge tossed the suit in February of this year. Vitamin … Continue Reading

FTC Slams Anti-Aging Supplement Seller for False Advertising

The Federal Trade Commission (“FTC”) recently reached an agreement with New York-based Telomerase Activation Sciences, Inc. and its CEO Noel Patton (collectively, “TA Sciences”), barring TA Sciences from making false or unsubstantiated claims regarding the efficacy and health benefits of two of TA Sciences’ products. According to the FTC’s administrative complaint, TA Sciences falsely advertised … Continue Reading

Let the Chips Fall Where They May: Frito-Lay Litigates No Artificial Flavors Claim

Last month, a federal judge denied Frito-Lay’s motion to dismiss a lawsuit involving allegations that its “Salt and Vinegar Flavored Potato Chips” contain artificial flavors. Specifically, the plaintiffs asserted that Frito Lay: (1) did not specify the type of malic acid on the ingredient panel; and (2) falsely labeled the chips as containing no artificial … Continue Reading

Maine Supplements FTC Weight-Loss Enforcement Action

Marketing Architects, Inc. (“MAI”), an advertising agency specializing in direct response radio and television ads, will pay $2 million in equitable relief to the Federal Trade Commission (“FTC”) and the Office of the Attorney General of Maine for allegedly creating and disseminating deceptive radio ads for weight-loss products AF Plus and Final Trim. The joint … Continue Reading

Court Says Don’t Cry Over Steamed Milk

A federal court granted Starbucks’ motion for summary judgment in a putative class action in which plaintiffs alleged Starbucks underfills lattes and mochas. The plaintiffs alleged that the underfilling of Starbucks drinks was a breach of warranty and constituted unfair competition and false advertising based on three arguments: (1) consumers should receive beverage volume equal … Continue Reading

Class Action Aims to Catch Canned Salmon Manufacturer for False Advertising

A class action complaint was recently filed against Bumble Bee Foods, LLC (“Bumble Bee”), the makers of canned fish and seafood. The false advertising lawsuit stems from the plaintiff’s assertion that Bumble Bee falsely implies its Premium Select Medium Red Smoked Salmon Filets in Oil are high quality, wild-caught, and naturally smoked.  The plaintiffs believe … Continue Reading

U.S. District Court Sanctions Weight-Loss Supplement Marketers for Violating Past Court Order

A judge in the Northern District of Georgia has found a number of defendants, comprising a larger company named Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), in contempt for repeated violations of court orders prohibiting the defendants from making deceptive marketing claims about weight-loss supplements and erectile dysfunction products. As a result of the order, Hi-Tech is required … Continue Reading

Cracking Open a Cold One: Plaintiffs’ False Advertising Suit Against Brewer Survives Dismissal

Earlier this year, two plaintiffs launched a putative class action against Portland-based Craft Brew Alliance, the fifth largest brewing company in the U.S. and parent company of Kona Brewing Co. Craft Brew acquired Kona in 2010, emblazoning its bottles and cans with images and text that conjure Hawaii’s scenery and lifestyle.  There’s just one issue:  … Continue Reading

Gatorade Agrees to Stop Hating On Water

Gatorade recently handed $300,000 to California to settle false advertising and unfair competition claims that boil down to making water look bad. The company released an app in 2012 called “Bolt!” that featured an animation of Jamaican Olympic gold medalist, Usain Bolt, racing to recapture gold coins from pirates. Gatorade icons boosted performance and water … Continue Reading

“Local” is a Claim Requiring Substantiation in False Advertising Action

U.S. District Court in Utah decided an interesting case involving whether an advertiser can use the word “local” in Bimbo Bakeries USA, Inc. v. Leland Sycamore et al.  Defendant Leland Sycamore had invented the trade secret process and formula for making “Grandma Sycamore’s Home-Maid Bread.”  After securing trademark registration for the bread packaging design, Leland … Continue Reading

FTC Warns 11 Companies Over Made in USA Claims

It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims.  With the year’s halfway mark behind us, reports indicate that the FTC has similarly warned 11 companies for … Continue Reading

FTC Settles Claims Against Trampoline Companies Over Online Reviews

The Federal Trade Commission (“FTC”) last week agreed to settle charges levied against the marketers of Infinity and Olympus Pro brand trampolines. Those charges asserted that the marketers, under the guise of a variety of fake business names and review organizations, directed visitors to fictitious websites containing biased reviews that were actually written by one … Continue Reading

Consumers Sue Chocolatier Fannie May Over Empty Space In Chocolate Boxes

A putative class filed a false advertising claim against the Chicago chocolatier Fannie May Confections Brands Inc. earlier this month. Fannie May allegedly sells 7.0 oz. products in opaque boxes.  According to the complaint, consumers are deceived because the size of the boxes are larger than the volume of the products contained inside, leaving consumers … Continue Reading

Vitamin Shoppe Sued Over Supplement Claims

Last week a class action lawsuit was filed against Vitamin Shoppe, Inc. The plaintiffs asserted that Vitamin Shoppe misled consumers and made scientifically inaccurate claims with regard to its garcinia cambogia weight loss supplement in violation of California’s unfair competition law, false advertising law, and the Consumer Legal Remedies Act. The lawsuit relies on the … Continue Reading
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