Ad Law Access
What Will Your Social Media Influencer Letter from the FTC Look Like?
We have blogged about the FTC’s barrage of letters when they were originally released in April and again last week . Back in May, in response to a Freedom of Information Act request by the National Law Journal, the FTC…
Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017
For the first 28 weeks of 2017, the most frequently alleged claims in new food and beverage false-advertising class actions have related to featured product ingredients that allegedly are absent, or present only in…
Consumer Groups Push for More Regulation of Influencers
In November, we posted that four consumer groups had sent letters to FTC, encouraging the agency to investigate and bring enforcement actions regarding the use of influencers on Instagram. In April, the FTC responded…
Minnesota Federal Judge Says Glyphosate Claims are “Unreasonable”
A mini-trend in food litigation last year was the spate of class action cases alleging that foods advertised as “natural” contained trace amounts of the herbicide glyphosate. “Trace” is the operative word; to the…
Understanding “Ascertainability” in Class Actions Now that the Second Circuit Has Said “No” To It.
On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases. The Second Circuit agreed…