Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often than not class actions, challenging the marketing or labeling of cosmetics. A recent decision by the Southern
As the Spread of Coronavirus Slows, a Contagion of Class Actions Has Only Begun
Companies continue to reel from business disruptions caused by the spread of coronavirus, and in many cases have struggled to navigate the swiftly changing landscape in which they are required to operate (or not operate). At the end of the first full month of the crisis, as infections appear to plateau in epicenters like
Be Careful About Changing Refund Policies Under Covid-19
Few businesses are immune from the economic effects of the coronavirus pandemic, but among those that have been hit the hardest are business involved with sports, concerts, performances, and other live events. According to StubHub, more than 23,000 events have been canceled, rescheduled, or postponed over the past few weeks in the US alone.
As
Challenges Shipping on Time Because of COVID-19? What You Should Know about the FTC’s Mail Order Rule
As localities order people to stay at home and non-essential businesses to close, consumers are turning to online options. Although you might welcome the traffic, you might also be facing unexpected challenges like a reduced work force, supply chain disruptions, manufacturing shifts from regular inventory to medical necessities, and other hurdles that can cause shipping
BodyArmor targeted in putative class action alleging the drink’s advertising misleads consumers as to its health benefits, continuing a trend
The plaintiffs’ class action bar continues to target “healthy” advertising claims made by food and beverage companies by bringing expensive class action lawsuits against the companies.
The latest company forced to defend its advertising is BA Sports Nutrition, LLC, the maker of BodyArmor SuperDrink, which was recently hit with a putative class action in the
BodyArmor targeted in class action
BodyArmor Targeted in Class Action
The plaintiffs’ class action bar continues to target “healthy” advertising claims made by food and beverage companies by bringing expensive class action lawsuits against the companies.
Silver v. BA Sports Nutrition
The latest company forced to defend its advertising is BA Sports Nutrition, LLC, the maker of BodyArmor SuperDrink, which
The Pink Tax: Discrimination or Actual Differentiation?
At the end of 2019, Governor Andrew M. Cuomo released the 10th proposal of his 2020 State of the State Agenda, which aims to eliminate the so-called “pink tax,” a gender-based pricing phenomenon that allegedly results in higher prices for good and services marketed towards women as compared to substantially similar alternatives marketed
2019 Selected Top Ad Law Access Reads and Listens
In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others:
- California Consumer Privacy Act (CCPA)
CCPA was far and away the most popular topic of 2019 and, as mentioned in one of our last posts of the year, “businesses and privacy professionals
AutoZone to Pay Almost $50 Million Over Changes to Loyalty Program
This month, AutoZone agreed to pay almost $50 million to settle a class action over changes the company made to its loyalty program.
According to the complaint, AutoZone promised consumers that they would receive a credit for every purchase of over $20, and that once they accumulated five 
credits, they would receive a $20 reward.
ABA In-House Institute
Partner John Villafranco, co-chair Samantha Knox, Associate General Counsel, Competition and Regulatory, Facebook, and the Honorable Christine S. Wilson, Commissioner, Federal Trade Commission, will be speaking at the ABA’s Section of Antitrust Law’s In-House Institute at Devil’s Thumb Ranch in Tabernash, Colorado on October 14-15, 2019.
The Institute is offered to in-house counsel and