Ad Law Access
New ESG Lawsuit Targets Aspirational Statements
Earlier this month, the nonprofit Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company falsely and deceptively represents itself as “a sustainable and environmentally friendly company,…
Consumer Litigation Under the CCPA: A Year in Review
Private consumer litigation in 2020 was significantly impacted by the California Consumer Privacy Act (CCPA) which took effect on January 1, 2020. Whether asserted as a standalone CCPA violation claim or as a predicate…
CCPA Litigation Round-Up: Q3 & Q4 2020
It has been a full year since the California Consumer Privacy Act (“CCPA”) took effect at the top of 2020. In the cases filed in the second half of the year, the complaints more frequently assert a violation of the…
Up & Up & Out. Structure/Function Claims Preempted by the FDCA
Last week, in a substantial win for the dietary supplement industry, the Ninth Circuit Court of Appeals upheld the Northern District of California’s grant of summary judgment to Target, ruling that state law false…
Peloton Faces Uphill Ride on “Ever-Growing” Claims
Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have…