Advertising Law

Suit smells something amiss with unscented deodorant

A class action lawsuit against five deodorant companies claims they are misleading consumers by labeling deodorants as “unscented” despite their discernible smell. The suit (PDF) by lead plaintiff Melissa Fogarty of Cherry Hill, New Jersey, alleges the targeted products have “a noticeable and unmistakable scent detectible by any reasonable consumer.”…

Nov 20, 2014 11:00 AM CST

Firearms dealers sue California officials over ban on handgun window displays

The Second Amendment of the U.S. Constitution is familiar territory to those who seek to enforce gun rights. But it is the First Amendment that provides a basis for a lawsuit filed Monday by gun dealers against California officials in federal district court in Sacramento. At issue is whether the…

Nov 12, 2014 3:40 PM CST

Mayonnaise maker’s suit claims Just Mayo isn’t the real thing

A lawsuit filed by the maker of Hellmann’s and Best Foods mayonnaise claims a new brand called Just Mayo is confusing consumers because the product isn’t the real thing. The suit by Unilever says Just Mayo doesn’t meet the Food and Drug Administration’s definition of mayonnaise because it isn’t made…

Nov 12, 2014 6:15 AM CST

Federal appeals court blasts attorney for forwarding chief judge’s congratulatory email

After receiving a congratulatory email earlier this year from the sitting chief judge of the U.S. Court of Appeals for the Federal Circuit, a prominent patent lawyer did what the email expressly suggested and forwarded the praise to others. Edward Reines sent the email to more than 70 current or…

Nov 5, 2014 4:18 PM CST

Surgeon sues surgical-gown manufacturer over claims that their product protects against Ebola

A Los Angeles surgeon has filed suit in federal court alleging that a manufacturer of surgical gowns falsely claims they protect against Ebola and other infectious diseases, the Associated Press reports. According to the complaint filed against Kimberly-Clark Corp., tests showed that many of their MICROCOOL Breathable High Performance Surgical…

Oct 31, 2014 10:51 AM CDT

FTC sues AT&T over claims about smartphone data plans, says ‘unlimited means unlimited’

Saying that a company’s marketing claims about “unlimited” data offered to smartphone customers should, in fact, mean that data usage is unlimited, the Federal Trade Commission on Tuesday announced that it has filed suit against AT&T Mobility LLC. The company, contrary to its claims to consumers, “throttled” their data speeds…

Oct 28, 2014 3:55 PM CDT

Oxycontin marketing suit is Purdue Pharma’s ‘legal nightmare’

A civil lawsuit filed by the state of Kentucky against the maker of Oxycontin could tarnish the company’s mostly successful legal track record in cases alleging abuse of the painkiller. Purdue Pharma has won dismissals of more than 400 personal-injury lawsuits involving the drug and defeated more than 10 would-be…

Oct 22, 2014 5:45 AM CDT

Reports of free money from Red Bull settlement lead to website crash

So many consumers sought to reap the benefits of a $13 million Red Bull settlement this week that the compensation website crashed. BuzzFeed, NBC and Business Insider were among the publications reporting that Red Bull would pay up to $10 in cash or $15 in products to settle a suit…

Oct 10, 2014 6:15 AM CDT

‘Aunt Jemima’ heirs seek $2B in suit claiming a conspiracy to avoid paying royalties

The heirs of two women who served as the model for Aunt Jemima are seeking $2 billion in a lawsuit that claims Quaker Oats and other companies exploited the women and made false promises of royalties. The original suit, filed in federal court in Chicago in August, was filed on…

Oct 9, 2014 6:15 AM CDT

Lawsuits challenge ‘Made in USA’ label

Consumer lawsuits based on a California law are challenging “Made in USA” labels. The California law is even stricter than the Federal Trade Commission guidelines, which say the “Made in USA” label can be used on goods that are “all or virtually all” made domestically, the Wall Street Journal (sub.…

Oct 2, 2014 6:15 AM CDT

Website that facilitated sale of gun used in fatal shooting has no tort liability, 7th Circuit says

Corrected: A website that facilitated the illegal sale of a gun used to kill a woman has no liability in her death, a federal appeals court has ruled. The Chicago-based 7th U. S. Circuit Court of Appeals ruled for Armslist.com on Tuesday in a suit filed by the brother of…

Aug 13, 2014 7:12 PM CDT

Judge Judy settles suit over ads with her likeness

Judge Judy has settled her suit that contended a Connecticut personal injury lawyer used her image without her authorization. Judy Sheindlin said in a statement that she and Hartford lawyer John Haymond “reached an amicable resolution of their claims against each other,” according to the Connecticut Law Tribune and TMZ.…

Aug 12, 2014 3:12 PM CDT

Feds and 15 states sue law firms and attorneys, alleging mortgage-relief scams

Federal agencies and 15 states have announced a wave of litigation against law firms, attorneys, affiliated companies and others that claimed to perform work on behalf of homeowners struggling to pay their mortgages. California attorney Stephen Siringoringo; the Florida-based firms Hoffman Law Group and Lanier Law; the Chicago-based Mortgage Law…

Jul 23, 2014 9:45 PM CDT

Bill would regulate gun ads for kids | An NTSB for death penalty cases?

The Volokh Conspiracy takes note of a bill proposed in the U.S. House of Representatives this week called the Children’s Firearm Marketing Safety Act. Among the facets of the bill are prohibitions on using cartoons to promote firearms; using brand name merchandise marketed for children (hats, T-shirts, etc.) to promote…

Jul 18, 2014 1:28 PM CDT

Lawyer sued by Judge Judy over TV ads says stations urged him to participate

Sued by Judge Judy over alleged unauthorized use of the famed TV-show jurist’s likeness in a video clip, a Connecticut lawyer says he simply participated in an advertising program when asked to do so by local stations. John Haymond says he is a fan of Judy Scheindlin’s show and was…

Jul 14, 2014 5:55 PM CDT