Daniel Werb
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The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew Group, 2019 WL 1087350 (3rd Cir. 2019). Plaintiff Ahmed Kamal commenced a suit against J. Crew Group after making purchases at … Continue Reading
On November 20, 2018, a years-long dispute before Judge Theodore Chuang in the District of Maryland over probiotics culminated in a gut-wrenching $18 million jury verdict against defendant pharmaceutical companies. The case is De Simone v. VSL Pharmaceuticals, Inc. et al., No. 8:15-cv-01356. The dispute involved numerous claims and counterclaims, including both a claim and a … Continue Reading
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs’ complaint alleging that Monini falsely advertised its “White Truffle Flavored Extra Virgin Olive Oil” product as containing actual white truffle. The case turned … Continue Reading
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin’ Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap. Judge Carolyn Amon dismissed the claims by out-of-state plaintiffs on jurisdictional grounds, and found the … Continue Reading
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale with a higher price advertised as a former price, or as the supposed market value, of that item. Chowning v. Kohl’s Dep’t Stores, 2018 WL … Continue Reading
We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme. Poland Spring was a recent target of state law false advertising claims, and successfully obtained the dismissal of those claims on the ground that they were preempted by federal statute. Patane v. Nestle … Continue Reading
Recently, a New Jersey federal district court judge refused to certify a class of consumers claiming an orange juice product was mislabeled as “pasteurized.” In re: Tropicana Orange Juice Marketing and Sales Practices Litigation. According to plaintiffs, Tropicana’s “Pure Premium” orange juice contained added natural flavoring in violation of FDA pasteurization standards. The court denied the … Continue Reading
Last summer, we reported on a bizarre verdict in which an Illinois jury levied a $150 million punitive damages award against AbbVie, Inc., the drug company behind AndroGel, without awarding any compensatory damages. As predicted, the punitive damages award was recently vacated. Finding that the jury’s findings were “logically incompatible,” the Court vacated the punitive … Continue Reading
In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the number of eye drop doses in a container of a fixed volume, even if there is no alleged misrepresentation … Continue Reading
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of advertisements into its television streaming service. In a summary order, the panel affirmed the district court’s holding that the complaint and proposed … Continue Reading
In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which allows for $100 in statutory damages per violation to “aggrieved consumers” when terms in certain contracts or other writings violate a “clearly established legal right of a … Continue Reading
On September 14, 2017, the staff of the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a National Examination Program Risk Alert on the most frequent advertising rule compliance issues identified in OCIE examinations of investment advisers. This Risk Alert reflected issues identified in deficiency letters generated in the course of over 1,000 adviser examinations … Continue Reading
In late July, an Illinois jury came to a bizarre verdict in a case over an alleged link between heart attacks and AndroGel, a gel product used for treating low testosterone (or “low T”). The jury found that AbbVie, Inc., the drug company behind AndroGel, although not strictly liable or negligent in allegedly causing a … Continue Reading
Proskauer’s sports law newsletter, Three Point Shot, recently covered a proposed $1.75 million settlement in a false advertising case involving athletic tape. The case is Vuckovic v. KT Health Holdings, LLC in the U.S. District Court for the District of Massachusetts, and Proskauer’s coverage may be found here. *** Want to talk advertising? We welcome your questions, ideas, … Continue Reading
Our colleagues at Proskauer’s commercial litigation blog, Minding Your Business, recently covered a dismissal of a discount advertising suit asserted against Saks. The case is Nunez v. Saks Inc., 2017 WL 1184058 (S.D. Cal. Mar. 22, 2017), and Proskauer’s coverage may be found here. *** Want to talk advertising? We welcome your questions, ideas, and … Continue Reading
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations. The decision in In re Certain Woven Textile Fabrics and Products Containing Same demonstrates the potential reach of Section 337, which prohibits unfair practices related to the … Continue Reading
Larry Weinstein and Brendan O’Rourke, co-chairs of our False Advertising and Trademark Practice, were recently named to the inaugural class of the Legal 500 Hall of Fame. This award honors individuals who have, according to Legal 500, received constant praise by their clients for continued excellence. The Hall of Fame highlights the law firm partners … Continue Reading
Alexander Kaplan is a featured instructor for The Institute for Perception’s upcoming course, Advertising Claims Support: Case Histories and Principles. The course takes place on April 18–20, 2017, at the Greenbrier Resort in White Sulphur Springs, West Virginia. This is a professional development course for attorneys specializing in advertising law, market research managers, product developers, in-house counsel, … Continue Reading
Although this blog typically focuses on legal developments in marketing and false advertising, its authors and editors are of course active legal practitioners in related areas of IP and other creative industries. Proskauer recently received a favorable summary judgment decision for the defendant, its client Elsevier, Inc., a leading publisher in the fields of science, … Continue Reading
On March 28 and 29, the Association of National Advertisers hosted its thirteenth annual Advertising Law & Public Policy Conference at the Ritz-Carlton in Washington, DC. Proskauer was a sponsor of the conference, and Proskauer’s Larry Weinstein participated on the “Tweeting with Words” panel, in which the panel fielded a wide-range of questions live-tweeted from attendees. … Continue Reading
In a case decided in December that flew beneath our radar, a judge in the Southern District of California dismissed without prejudice a proposed class action alleging that Citizens for Humanity falsely labeled its jeans as being made in the USA. Hass v. Citizens of Humanity, LLC, 2016 WL 7097870 (S.D. Cal. Dec. 6, 2016). … Continue Reading
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled by 40% off signs raised a triable issue of whether they suffered an injury-in-fact even though they … Continue Reading
Last week, this blog covered the slack-fill decision in Bautista v. Cytosport, Inc., 2016 WL 7192109 (S.D.N.Y. Dec. 12, 2016), in which the court dismissed the putative class action complaint for failure to allege non-conclusory facts. Larry Weinstein, co-head of Proskauer’s False Advertising & Trademark practice, was quoted at length in Legal NewsLine discussing the … Continue Reading
Last month we summarized the Second Circuit’s important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics, concerning SPD’s false advertising of its Clearblue Weeks Estimator Home Pregnancy Test. As we reported, a Second Circuit panel in September unanimously affirmed rulings by Judge Alison Nathan of … Continue Reading
Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds
By Lawrence Weinstein, Daniel Werb and Marc Palmer on Posted in Uncategorized
$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute
By Lawrence Weinstein, Daniel Werb and Russell Kostelak on Posted in Lanham Act
Second Circuit Affirms Dismissal of Truffle Kerfuffle
By Alexander Kaplan and Daniel Werb on Posted in Labeling Claims
EDNY Sticks a Fork in Angus Steak Sandwich Class Action Complaint
By Alexander Kaplan, Daniel Werb and Carl Mazurek on Posted in Class Actions
Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case
By Lawrence Weinstein, Daniel Werb and Carl Mazurek on Posted in Deceptive Trade Practices, Labeling Claims
Federal “Spring Water” Standards Runneth Over State Claims
By Lawrence Weinstein and Daniel Werb on Posted in Class Actions, FDCA, Labeling Claims, Primary Jurisdiction/Preemption
Class Certification Denied in Juice Dispute
By Lawrence Weinstein and Daniel Werb on Posted in Class Actions, Labeling Claims, Regulatory
New Trial Ordered Where Jury’s Verdict Didn’t “Gel”
By Lawrence Weinstein, Daniel Werb and Russell Kostelak on Posted in Deceptive Trade Practices
Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser
By Alexander Kaplan, Lawrence Weinstein and Daniel Werb on Posted in Deceptive Trade Practices
Second Circuit Dismisses Claims of Would-Be Ad-Blockers
By Alexander Kaplan, Daniel Werb and Carl Mazurek on Posted in Class Actions, Deceptive Trade Practices
New Jersey Supreme Court Announces Last Call for TCCWNA Happy Hour
By Lawrence Weinstein, Jennifer Yang and Daniel Werb on Posted in Class Actions, Regulatory
SEC Issues Risk Alert on the Most Frequent Advertising Rule Compliance Issues and Use of Accolades in Advertisements
By Daniel Werb on Posted in Regulatory
Jury Tests the Limits in AndroGel False Ad Verdict
By Lawrence Weinstein, Daniel Werb and Russell Kostelak on Posted in Deceptive Trade Practices
Athletic Tape Maker Feels the Pain, Settles Misleading Advertising Suit
By Daniel Werb on Posted in Uncategorized
Court Dismisses “Phantom Markdown” Suit against Saks
By Daniel Werb on Posted in Deceptive Trade Practices
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
By Alexander Kaplan, Daniel Werb and Julia M. Ansanelli on Posted in Deceptive Trade Practices, Regulatory
Larry Weinstein and Brendan O’Rourke Named to the Inaugural Class of the Legal 500 Hall of Fame
By Daniel Werb on Posted in Events and Announcements
The Institute for Perception’s 2017 Advertising Claims Support Course
By Daniel Werb on Posted in Events and Announcements
Elsevier Wins Summary Judgment Over Use of 3-D Medical Animations in Copyright Case
By Lawrence Weinstein and Daniel Werb on Posted in Uncategorized
Proskauer’s Larry Weinstein at 2017 ANA Advertising Law & Public Policy Conference
By Daniel Werb on Posted in Events and Announcements
Made-in-the-U.S.A. Complaint Does Not Make the Cut
By Lawrence Weinstein and Daniel Werb on Posted in Class Actions, Labeling Claims
California Court Issues Surprising Decision in Discount Advertising Case
By Lawrence Weinstein, Daniel Werb and Tiffany Woo on Posted in Class Actions
Proskauer’s Larry Weinstein Discusses Implications of Bautista v. Cytosport in Legal NewsLine Article
By Daniel Werb on Posted in Events and Announcements
Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test Litigation
By Alexander Kaplan and Daniel Werb on Posted in Deceptive Trade Practices, FDCA, Injunctions, Lanham Act, Primary Jurisdiction/Preemption, Uncategorized
