Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Sixth Circuit

Sixth Circuit Says T-bone Steaks and Salmon Filets on Pet Food Packaging Not Misleading

By Lawrence Weinstein and Lee Popkin on Posted in Lanham Act
Last month, the Sixth Circuit held that photographs of “premium cuts” of meat on pet food packaging were not enough to mislead a reasonable consumer into believing that the kibble was made from these high-end ingredients.  Wysong v. APN, 889 F.3d 267 (6th Cir. 2018). In 2016, Wysong Corporation, a pet-food manufacturer, sued six other … Continue Reading

New York Federal Court Latest to Dismiss Outlet Pricing Class Action

By Lawrence Weinstein and Lee Popkin on Posted in Labeling Claims
Last month, Judge Valerie Caproni of the Southern District of New York dismissed with prejudice a putative deceptive pricing class action filed against Burberry.  This is the first decision within the Second Circuit to determine whether shoppers claiming to have been victimized by discount price advertising in outlet stores have suffered actual injury for purposes … Continue Reading

With Circuits Mis-Aligned, Sixth Circuit Stays Class Certification Pending Appeal

By Lawrence Weinstein and Sarah Sullivan on Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement
As our readers may remember, Procter & Gamble (“P&G”) stomached a loss last August when the Sixth Circuit affirmed certification of a false advertising class action regarding P&G’s Align probiotic supplement. But on October 27, the Sixth Circuit stayed its decision pending P&G’s petition for certiorari to the Supreme Court. As discussed below, P&G contends … Continue Reading

Out of Align-ment: Sixth Circuit Affirms Class Certification in Probiotics Case

By Lawrence Weinstein, Alexander Kaplan and John Browning on Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement
A recent Sixth Circuit decision that affirmed certification of a multi-state consumer class action asserting false advertising claims concerning Align – a Proctor & Gamble probiotic product promising digestive health benefits – has left us with an uneasy feeling in the pit of our stomachs. In Rikos v. P&G, the judge writing the opinion of … Continue Reading
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