Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

RealNetworks Agrees to Pay $2.4 Million to Settle Free Trial Investigation

The Washington Attorney General recently announced that a settlement with RealNetworks over the company’s free trials. According to the AG, more than 500 consumers had complained to the AG’s office and the Better…

Administrative Judge in FTC versus POM Wonderful Lowers the Bar, but POM Still Can't Clear It

On May 17, Chief Administrative Law Judge Michael Chappell issued his Initial Decision in the FTC's case against POM Wonderful, accusing POM of making unsubstantiated claims that its pomegranate juice and pomegranate…

Ninth Circuit Pulps POM Wonderful's Lanham Act Claims Against Coca-Cola, Affirming FDA Preclusion of Challenge to Regulated Food Labeling

A panel of the Ninth Circuit Court of Appeals ruled May 17 on an appeal from summary judgment in a case filed by pomegranate juice maker POM Wonderful against the Coca-Cola Company's Minute Maid division. The dispute…

Skechers Agrees to Pay $40 Million to Settle Charges of Unsubstantiated Claims for Toning Shoes

Last year, we posted that Reebok had agreed to pay $25 million to settle charges that it had made unsubstantiated claims about its toning shoes. This week, the FTC announced that Skechers agreed to pay a record $40…

Recent Decision Applies Prior Substantiation Doctrine to Bar False Advertising Claims Based on Lack of Substantiation

Continuing with the recent trend of dismissing false advertising complaints premised on a "prior substantiation" theory or granting summary judgment to defendants in such cases where the plaintiff fails to demonstrate…