Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Settlement

Can Inflating Jury Verdicts and Settlements Injure More than Just Your Reputation? Kansas Law Firm Sues Competitor For False Advertising

By Lawrence Weinstein, Jeff Warshafsky and Sara Schlafstein on Posted in Lanham Act
It’s not every day that a law firm sues a competing firm for false advertising. Earlier this month, however, a Wichita, Kansas personal injury law firm did just that. Brave Law Firm sued rival firm Truck Accident Lawyer’s Group and allegedly related entities in the U.S. District Court for the District of Kansas, alleging violations … Continue Reading

Athletic Tape Maker Feels the Pain, Settles Misleading Advertising Suit

By Daniel Werb on Posted in Uncategorized
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

FTC and DeVry University Settle False Advertising Claims for $100M

By Alexander Kaplan and Russell Kostelak on Posted in Deceptive Trade Practices, Regulatory, Uncategorized
In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its graduates. According to the FTC press release announcing the settlement in FTC v. DeVry Educ. Group in the district court for … Continue Reading

The FTC Trims the Fat Off Even More Companies Selling Weight Loss Products

By Alexander Kaplan, Jennifer Yang and Russell Kostelak on Posted in Deceptive Trade Practices
Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case similar to February’s Sale Slash settlement blogged about here.  The FTC’s latest diet pill settlement enjoins distributors of the dietary supplement known as Pure Green Coffee … Continue Reading

Companies to Pay Heavy Fine for Weight Loss Products

By Lawrence Weinstein and Russell Kostelak on Posted in Deceptive Trade Practices
When it comes to certain diet pills, perhaps the only things getting slimmer are the wallets of the companies that sell them. Those companies, including Sale Slash LLC, agreed to pay over $43 million in a settlement last month after the FTC alleged they violated provisions of the FTC Act and the CAN-SPAM Act. According … Continue Reading

True Green for True Blue: Blue Buffalo Promises $32 Million Settlement

By Lawrence Weinstein and Tiffany Woo on Posted in Class Actions
Pet-food maker Blue Buffalo will pay $32 million to settle 13 consumer class action suits, the company announced last month. The 13 class actions—which pet owners originally filed in California, Connecticut, Florida, Illinois, Louisiana, Massachusetts, Missouri, New York, Ohio, and South Carolina federal courts—were consolidated in the Eastern District of Missouri in October 2014.  The … Continue Reading

Clarification for Class Action Settlements May Be on the Line As Supreme Court Grants Cert in TCPA Case

By Lawrence Weinstein and James Unger on Posted in Class Actions, Deceptive Trade Practices
Last year, in Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), the U.S. Court of Appeals for the Ninth Circuit held that offers of complete relief made to individual plaintiffs under Fed. R. Civ. P. 68 do not moot either individual or class claims. This holding mirrors decisions by … Continue Reading

Beer-Maker Puts an End to Brewhaha: Anheuser Busch Agrees to Settle Second of Two Class Action Lawsuits over Beer Origin Disclaimers

By Lawrence Weinstein, Alexander Kaplan and Jennifer L. Jones on Posted in Class Actions, Labeling Claims
Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern District of Florida. Marty et al. v. Anheuser-Busch Cos., 13-cv-23656-JJO (S.D. Fla.). Anheuser-Busch’s decision to settle the Beck’s suit … Continue Reading

Procter & Gamble Must Say Goodbye to Proposed Amended Claim against Hello, while Hello Says Goodbye to Lawsuit

By Lawrence Weinstein, Celia Cohen and John Browning on Posted in Deceptive Trade Practices, Injunctions, Labeling Claims, Lanham Act
A lawsuit between Procter & Gamble (“P&G”) and Hello Products (“Hello”) – a toothpaste start up that promotes its products as “naturally friendly” – settled last week with the entry of a stipulated injunction, but Hello might still have reason to smile. Days before the settlement, the Southern District of New York rejected P&G’s motion … Continue Reading

Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff

By Benjamin Rattner on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Two recent false advertising class action settlements illustrate some of the myriad ways to structure settlements, and also reflect the real risks of these lawsuits when early-stage efforts to dismiss them are unsuccessful. In Reid et al. v. Unilever United States, Inc., No. 12-C-06058 (E.D. Ill.), plaintiffs sought to recover from economic and personal injuries … Continue Reading

L’Oréal Smooths Things Over With FTC, Reaches Proposed Settlement Regarding Anti-Aging Claims For Its Skin Care Products

By Lee Popkin on Posted in Deceptive Trade Practices, Labeling Claims, Regulatory
On June 30, the Federal Trade Commission announced that it had reached a proposed settlement with L’Oréal USA, Inc. related to the Commission’s investigation of anti-aging claims made in advertisements for Lancôme Génifique and L’Oréal Paris Youth Code products. In its complaint, the FTC asserted that L’Oréal falsely represented that the products in these two … Continue Reading

End of Battery Class Actions Almost in Sight

By Joelle Milov and Alexander Kaplan on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
On April 22, 2014, the Plaintiff in Poertner v. Gillette Co. moved for final approval of settlement and for attorneys’ fees and costs. The settlement, reached in September 2013, would bring to an end two class actions against Gillette – one in California and one in Florida. The settlement class is comprised of over 7 … Continue Reading
LexBlog

Proskauer and our platform provider LexBlog each use cookies to personalize content and ads, to provide social media features and to analyze traffic. Each of us also share information about your use of our site with our social media, advertising and analytics partners. If you are happy for us to store these cookies on your device please click 'Accept Cookies.' For more information, please see here and here.

OK