When I opened up a newspaper a few weeks ago and saw an ad by Chobani for its Simply 100 Greek Yogurt, my first thought was, “that’s going to provoke a false advertising dispute.” Here’s what Chobani said about its competitor Yoplait: “there’s potassium sorbate…
Early in the game on Sunday night, Esurance ran a commercial announcing that it was giving away more than $1 million through a sweepstakes on Twitter. You may remember that Esurance made a splash with a Twitter-based sweepstakes directly after the 2014 Super Bowl. So…
In a recent post, we discussed the potential perils and pitfalls of advertising consumer products as “Made in the USA.” As we noted there, different federal and state regulatory regimes do not necessarily follow the same standard on when something can be deemed “made” here. …
Every year at this time clients call who want to take advantage of Super Bowl frenzy, whether by running an online sweepstakes, offering a special deal to customers on Super Sunday, posting memes on their Facebook pages, sending out tweets in support of their favorite team…
At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen real-world examples to help businesses understand why and when disclosures are necessary in…
Last week, the FTC issued its long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements, often referred to as “native advertising.” For those unfamiliar with the term, the FTC helpfully explains that “native advertising” is advertising and promotional content designed to be integrated into — and…
A little over 30 years ago, Bruce Springsteen unleashed “Born in the USA”–the rock anthem about disaffected Vietnam veterans struggling as they returned home. Today, clothing manufacturers and their resellers riffing on that “U.S.A. theme” have unleashed something quite different: class action lawsuits spurred by…
Late last week, the FTC Business Center Blog posted a short but important entry on health-related advertising representations entitled 5 principles to help keep your health claims healthy. This friendly reminder highlights lessons from a few of the FTC’s recent enforcement actions, including the $1.35…
With Thanksgiving behind us and the holiday season in full swing, many of us will be dining out at local restaurants and picking up sumptuous desserts to bring to dinner parties. Looking for restaurant and bakery suggestions? Look no further than Instagram. A recent article in…
In 1960, Judge Friendly famously began an opinion by asking, “What is chicken?” Today, the question is, “What is ‘natural’?” Courts today are filled with cases claiming that foods labeled as “natural” are misleading because they contain chemical preservatives; genetically modified ingredients such as corn…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
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