Ad Law Access
Register Today for Kelley Drye's Privacy Law Symposium and Webinar
Live in Los Angeles or via webinar, please join Kelley Drye & Warren LLP on April 23 for an afternoon program covering privacy-related trends in enforcement, class action litigation, and insurance recovery. Click here…
The "Prior Substantiation" Doctrine: An Important Check On the Piggyback Class Action
A disturbing trend has emerged in false advertising litigation: plaintiffs are filing class action complaints that are virtually identical to or rely heavily on FTC complaints or FDA warning letters. Those complaints…
Marketer Ordered to Disclose Low Success Rate of its Customers
Earlier this year, the FTC and the Colorado Attorney General filed a lawsuit against a company that sells a wealth-building program. The company’s infomercials included testimonials from consumers who purportedly made…
Not All Surveys Are Created Equal
Between January 2006 and June 2011, the National Advertising Division (NAD) of the Better Business Bureaus found that 71 percent of the consumer perception surveys introduced by parties to an NAD proceeding were…
Third Circuit Indicates Judicial Disenchantment With Consumer Survey Evidence
On August 4, the United States Court of Appeals for the Third Circuit rendered its unanimous decision in Pernod Ricard USA, LLC v. Bacardi USA, Inc., holding that a consumer survey need not be considered when a label…