Reasonable Basis
Covers developments in false advertising and consumer protection law.
Author: Tom Hughes, a former Federal Trade Commission staff attorney, is a partner at the law firm of Hunton & Williams, with a practice focusing on advertising and consumer law.
Blawg Related Categories: Advertising Law • Consumer Law • Partners • Partner
Recent Posts from Reasonable Basis
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A tough week for Sears
After entering into a consent with the Federal Trade Commission for its collection and use of data from some of its My SHC Community members, Sears is involved in a second consent with the FTC,…
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Sears was watching you
Sears settled a Federal Trade Commission complaint alleging that it failed to adequately disclose the scope of the information it collected through a downloaded software application available to members of its "My SHC Community." According…
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Attack Ads
According to Adage more companies are calling out their competitors in "attack ads." Recent campaigns cited by the article include Domino's claims that it beat Subway in a taste test, Campbell Soup's campaign touting the…
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Hot Dog Wars
Last week Sara Lee Corp. filed suit against Kraft Foods Inc. alleging that advertising claims for its Oscar Mayer Jumbo Beef Franks are false and violate the Lanham Act. According to the complaint, Kraft promotes…
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First Mini-Wheats, now Cheerios
It has been a bad few weeks for breakfast cereal manufacturers. First the Federal Trade Commission took Kellogg to task for making false and unsubstantiated claims for its Frosted Mini-Wheats cereal. According to the FTC's…
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FTC can seek gross revenue, not just profits
Two recent decisions held that the Federal Trade Commission can seek as restitution the full amount of loss incurred by consumers as opposed to disgorgement of defendant's profits. Federal Trade Commission v. Stefanchik, 559 F.3d…
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CSPI v. VitaminWater
The Center for Science in the Public Interest filed a class action lawsuit against The Coca-Cola Company alleging that it misrepresents the nutritional content and health benefits of its product, VitaminWater. According to the complaint,…
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FDCA preempts claims over Aquafana
Finding their claims preempted by the Food Drug and Cosmetic Act (FDCA), the United States District Court for the Southern District of New York dismissed a class action complaint against Pepsico, Inc. over the labeling…
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FTC's Guides on Endorsements and Testimonials
The Federal Trade Commission is seeking comments on proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. Endorsements and testimonials are advertising messages that consumers are likely to believe reflect…
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Classmates are not looking for you
Wired notes that a California man filed a lawsuit against classmates.com for allegedly misrepresenting that former classmates were looking for him on line. According to the complaint, the plaintiff paid $15 for a subscription to…