Ad Law Access
Dumpster Fyre of Advertising Issues
The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap.…
An Ingredient for Failure In “Reasonable Consumer” False Advertising Cases
Defendants have had a nice run recently in winning pleading-stage dismissal of “reasonable consumer” false advertising cases. That run came to an end yesterday, however, when the Second Circuit Court of Appeals in New…
DC District Court Holds that eBay Can’t Compel Arbitration Based on Later-Amended Terms
In July, a DC District Court ruled that eBay could not compel a user of its services to arbitrate a dispute, even though the user had agreed to by bound by eBay’s User Agreement. That Agreement stated that the company…
Third Circuit Tells “No Economic Injury” Plaintiff to Take a Powder
The debate between two Third Circuit judges and a dissenting colleague in In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Liability Litigation, a case decided last Thursday, is the best…
Slack Fill Plaintiffs May Win Battles But Lose the War
Lawyers who file “slack-fill” cases against food manufacturers found a friendly venue in Missouri. Missouri has a broad consumer fraud law and multiple courts have denied motions to dismiss slack-fill claims pleaded…