Ad Law Access
Contributory False Advertising Liability Is Officially a Thing in the Eleventh Circuit
On August 7, the Eleventh Circuit Court of Appeals, ruling on a question that the Court determined to be one of first impression, has ruled that a cause of action for contributory false advertising can be maintained…
Supreme Court Clarifies Standing For Lanham Act False Advertising
On March 25, 2014, a unanimous Supreme Court ruled that a manufacturer of components for use in refurbished toner cartridges has standing under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) to sue the maker of…
Company Pays $21 Million Over Misleading Performance Claims
At the FTC's request, a federal court has ordered a light bulb manufacturer to pay more than $21 million for misleading consumers by exaggerating the performance of their LED light bulbs. The company advertised that…
How to Properly Use Establishment Claims in Advertising
“Clinically proven…” “Laboratory tested.” “45% More Effective!” Claims like these sell product. They also carry with them the assertion that the advertising claim has been “established” or proven by competent and…
Supreme Court To Clarify Standing For False Advertising
On June 3, 2013, the U.S. Supreme Court agreed to hear Lexmark International’s petition from a lower court ruling that a party with merely a “reasonable interest” to protect had standing to sue for false advertising…