Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that the coffee contains hazelnuts? Should consumers be expected to consult the ingredient list to clarify any confusion? And what exactly is
CBD and False Advertising: Lessons Learned From The Food Court
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of consumer false advertising litigation. Lawsuits filed in California and New York help illustrate what kinds of cases are already being brought
Advertising and Privacy Law Workshop: Charlotte Edition
Please join us on May 1 in Charlotte for a half-day workshop covering the latest advertising and privacy law developments. This interactive event will provide an update on crucial consumer protection issues, deliver practical guidance and benchmarking, and offer an opportunity to connect with peers across a variety of industries.
This workshop will be open
Court Says Headphone App Not Eavesdropping, But May Be Deceptive
A federal judge allowed a class-action lawsuit alleging Bose collected and shared data about its headphone users to proceed last week on the basis of deceptive advertising. The decision underscores the risks that internet of things (IoT) businesses can face if they fail to accurately communicate to consumers how a mobile app or “smart” product
Supreme Court Reverses Google Settlement But Ducks Ruling on Its Fairness
In February 2018, I reported on a 20-state objection brief, filed with the U.S. Supreme Court, asking the Court to reverse the approval of the class action settlement in Gaos v. Google. That deal would have distributed a few million dollars to nonprofit groups, while the AGs wanted money paid to real people, even if
When Plaintiffs’ Class Counsel Face The Music
Last week, in Cline v. Touchtunes Music Corp., No. 18-1756, the Second Circuit Court of Appeals upheld a Manhattan district judge’s decision to approve a low-cost class action settlement in what the judge termed a “nuisance” case, while basically zeroing out the $100,000 fee requested by the plaintiffs’ class counsel.
Defendants who have faced
The Justice Department Really Doesn’t Like Coupon Settlements (But They Still Can Work)
It’s no secret that the Justice Department and state Attorneys General don’t like coupon settlements in class actions. Since 2007, groups of state AGs have been objecting regularly to coupon settlements that would force class members to pay more money to defendants accused of consumer fraud. On February 4, the Justice Department filed an amicus
Pushing the Limits: Preliminary Settlement Entered in Case Against Banana Republic and The Gap after California Court of Appeals Failed to Find Limits on Injury
On January 14, Plaintiffs in the consolidated case of Veera v. Banana Republic, LLC, et al., filed for approval of a preliminary class action settlement after Plaintiffs Veera and Etman successfully argued that “frustration” and “embarrassment” over unclear discounts is sufficient to meet the requirements for injury.
According to separate lawsuits filed against Banana Republic
Dumpster Fyre of Advertising Issues
The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap.
Billy MacFarland and Ja Rule wanted to host a luxury festival on a deserted island. They found
An Ingredient for Failure In “Reasonable Consumer” False Advertising Cases
Defendants have had a nice run recently in winning pleading-stage dismissal of “reasonable consumer” false advertising cases. That run came to an end yesterday, however, when the Second Circuit Court of Appeals in New York reversed the dismissal of claims regarding Kellogg’s “Cheez-It” crackers. The front of the “Cheez-It” package prominently describes the crackers as