Ad Law Access
Court Finds that Sunshine Reveals Puffery
Two consumers walked into supermarkets on a mission to find “nutritious, healthy snacks” that “would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice,…
Courts and NAD Come to Different Conclusions on Package Disclosures
Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the…
Court Holds Reasonable Consumers Won’t be Misled by Sephora’s “Clean” Claims
Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word “clean” to describe their products. One day later, a New York federal court issued a decision in…
Hidden Fees Aren’t Sexy
It’s a well-known principle (amongst those who practice in certain professions) that if you’re trying to make something sexy, you generally don’t want to reveal everything all at once. Instead, it can be better to…
SDNY Allows False Advertising Suit Over “Carbon Neutral” Claims to Move Forward
A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that…