Ad Law Access
Can Targeted Pitches be False Advertising?
On March 28, the Northern District of Illinois held that a single in-person sales pitch is not commercial advertising and therefore the speaker cannot be liable for a false advertising suit under the federal Lanham…
Second Circuit Hears Oral Argument Regarding the Proper Form and Measure of Monetary Redress (If Any) Permitted Under Section 13(b) of the FTC Act
On Friday, February 4, 2011, Judges Calabresi, Lynch, and Wesley of the U.S. Court of Appeals for the Second Circuit heard oral argument in FTC v. Bronson Partners, LLC, No. 10-878. The district court had found that…
D.C. Court of Appeals Upholds "Injury-in-fact" Requirement for Standing Under the D.C. Consumer Protection Procedures Act
Yesterday, an en banc panel of the D.C. Court of Appeals upheld two separate trial court determinations that a plaintiff must suffer “injury-in-fact” before initiating a claim under the District of Columbia Consumer…
NAD Recommends Advertisers Discontinue "Like Free" Claims
One of the most powerful tools in a marketer’s arsenal is the word “free.” And it’s precisely because that word is so powerful, that consumers, regulators, and competitors, closely scrutinize how the word is used in…
Best Buy Files a Lawsuit Accusing a Competitor of Falsely Advertising "Lowest Prices"
Last week, Best Buy filed a lawsuit against Ultimate Electronics over ads that compare Best Buy’s prices to Ultimate’s prices. According to the complaint filed in a Minnesota federal court, Ultimate’s ads make…