Tag Archives: False Advertising

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

FTC Unanimously Approves Settlement with Pet Food Manufacturer Over Alleged False Advertising

The Federal Trade Commission has approved a final Decision and Order settling a dispute with pet food producer Mars Petcare US, Inc. (“Mars”) related to advertisements for Mars’ Eukanuba brand dog food. The settlement arose from an FTC investigation into a number of television, print, and internet advertisements released by Mars in 2015 stating that, … Continue Reading

Natural Consequences: FTC Finds California Company Misrepresented Product Ingredients as “All Natural”

The Federal Trade Commission (FTC) recently granted summary decision against California Natural Inc., a seller and marketer of personal care products, holding that the company engaged in false and misleading advertising in claiming that its sunscreen SPF 30 product was “all natural.” Last April, the FTC issued an administrative complaint against California Natural, alleging that … Continue Reading

Appeals Court Sides with FTC in POM Wonderful Advertising Case

On January 30, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld claims of false advertising by POM Wonderful LLC (“POM Wonderful”), finding that the government could prohibit the pomegranate juice company from advertising its products as being effective in fighting heart disease, prostate cancer and erectile dysfunction. … Continue Reading

FTC to Media: Time to Lose Some Pounds

Just in time for the New Year, as thousands of people are making weight loss resolutions and searching for ways to stick to them, the Federal Trade Commission (FTC) released updated guidance for publishers and broadcasters on how to evaluate weight-loss claims when screening ads for publication. The imposition of liability on the media for deceptive claims that are published is not new, and major television networks already pre-clear advertisements to ensure that they not misleading violations of section 5 of the FTC Act. Thus, the guidance does not create new liability for publishers, but rather provides a reminder for publishers to be vigilant when it comes to weight-loss claims.… Continue Reading

POM Wonderful’s Claims … Not So Wonderful

On January 16, 2013, the Federal Trade Commission in a 5-0 vote upheld a May 2012 Administrative Law Judge's ("ALJ") decision that POM Wonderful LLC ("POM") and its owners had falsely advertised its POM Wonderful 100% Pomegranate Juice, and POMx liquid and pill supplements, by claiming that its products treat, prevent or reduce the risk of heart disease, prostate cancer, and erectile dysfunction, and that they were proven to work...… Continue Reading

Sorry, Your Baby Can’t Read

Just before Labor Day, the Federal Trade Commission (FTC) filed false advertising charges against the marketers of "Your Baby Can Read!" The program, widely promoted via infomercials and the Internet, purports to use videos, flash cards and pop-up books to teach babies as young as 3 months old how to read. The complaint charges Your Baby, LLC, its former CEO, and the program's creator, Dr. Robert Titzer, with false and deceptive advertising and deceptive expert endorsements. According to the complaint, the defendants failed to provide competent and reliable scientific evidence that babies can learn to read using the program, or that children at age 3 or 4 can learn to read books such as Charlotte's Web or Harry Potter.… Continue Reading

Cold Supplement Seller Agrees to $30 Million Settlement

The makers of the Airborne dietary supplement have agreed to pay as much as $30 million to consumers to settle Federal Trade Commission charges that its makers made false and unsubstantiated cold prevention claims. “There is no credible evidence that Airborne products, taken as directed, will reduce the severity or duration of colds, or provide … Continue Reading
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