Tag Archives: ADVERTISING

FDA and FTC Take Enforcement Action on E-Liquids That Resemble Foods

FDA has joined the Federal Trade Commission (FTC) in issuing warning letters to 13 companies that market nicotine-containing e-liquids in packaging that has the appearance of being foods that appeal to children, such as juice boxes, candies, and cookies. FDA and FTC took action based on the risk that consumers, especially children, may confuse the … Continue Reading

Court Blocks San Francisco Law Requiring Warnings on Soft Drink Ads

As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that required health warnings to be placed on advertising for sugar-sweetened beverages (i.e., nonalcoholic beverages with caloric sweeteners that contain more than 25 calories per 12 oz.).  Specifically, the warning would have read:  “WARNING: Drinking beverages with added sugar(s) contributes … Continue Reading

Soda Speech Suit

Washington Legal Foundation files brief in support of First Amendment challenge to San Francisco soda warning. As previously covered on this blog, the City of San Francisco passed legislation that requires health warnings to be placed on advertising for sugar-sweetened beverages.  Industry and advertising trade associations filed a lawsuit challenging the legislation on First Amendment grounds.  … Continue Reading

San Francisco Sugar Suit Shutdown

San Francisco sugar-sweetened beverage warning set to take effect in July. As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that requires health warnings to be placed on advertising for sugar-sweetened beverages (i.e., nonalcoholic beverages with caloric sweeteners that contain more than 25 calories per 12 oz.).  Specifically, … Continue Reading

Candy Commercial Commitments

Children’s Confection Advertising Initiative launched. In the mid-2000s, concerns were raised about the extent to which children’s food marketing focused on products high in salt, sugar, and fat.  In 2006, the food industry formed a voluntary self-regulatory program called the Children’s Food and Beverage Advertising Initiative (CFBAI) with the goal of promoting healthier dietary choices … Continue Reading

GM Updates: Chipotle & Congress

Chipotle non-GM claims challenged again in court. As previously covered on this blog, a plaintiffs’ class action lawsuit was filed against Chipotle in connection with its nationwide advertising campaign premised on a pledge to serve only “non-GMO” foods.  In February, the lawsuit was dismissed based on the lead plaintiff’s failure to specify that she had … Continue Reading

POM & Coke: Trial by Jury

POM Wonderful pursues false advertising claim against Coca-Cola. (subscription to Law360 required) As previously covered on this blog, POM Wonderful sued Coca-Cola in 2008 under the Lanham Act for allegedly misleading consumers with its labels for Minute Maid pomegranate blueberry juice.  According to POM, Coke’s labels misrepresented the amount of actual pomegranate juice present in … Continue Reading

Court Curbs Chipotle Case

Chipotle dodges non-GM class action lawsuit…for now.  (subscription to Law360 required) In 2015, Chipotle Mexican Grill launched a nationwide advertising campaign premised on the chain’s pledge to serve food made only with non-genetically modified (GM) ingredients.  However, the company continued to serve meat and dairy products from animals that consume GM crops, as well as beverages with … Continue Reading

Yogurt Fight Gets Messy

Chobani’s latest ad campaign targets ingredients in Dannon and Yoplait products Yoplait and Dannon have accused competitor Chobani of using false and misleading statements about their products in Chobani’s latest ad campaign.  In newspaper, television, and social media advertisements that began airing January 6, 2016, Chobani states that unlike its Simply 100 yogurt, Yoplait Greek … Continue Reading

Postscripts

Parties settle “Made in USA” lawsuit in California. (subscription to Law360 required) As previously covered on this blog, a product may bear a “Made in USA”-type (MIU) claim in accordance with federal guidelines where “all or virtually all” of the product is made in the U.S.  Until a recent statutory change, California’s MIU claim standard had been … Continue Reading

Sweet Deal

Sugar and corn syrup producers settle their $1.1 billion false advertising lawsuit. As recently covered on this blog, sugar and corn syrup producers have been waging a high-stakes courtroom battle centering around an allegedly false advertising campaign run by the Corn Refiners Association (CRA) that promoted high fructose corn syrup (HFCS) as nutritionally identical to … Continue Reading

In Search of the Sweet Truth

Sugar industry wraps up case-in-chief against corn syrup group in false advertising lawsuit. (subscription to Law360 required) For years, the sugar and corn syrup industries have been battling it out in California federal district court over allegations of false advertising.  The Western Sugar Cooperative initially filed suit in 2011, accusing the Corn Refiners Association (CRA), … Continue Reading

Substantiation Showdown

Bayer prevails over FTC in case addressing claim substantiation for dietary supplements. In the dietary supplement advertising area, the Federal Trade Commission (FTC) takes enforcement action where companies lack “competent and reliable scientific evidence” to substantiate marketing claims.  In 2014, the FTC initiated civil contempt proceedings against Bayer related to claims for a probiotic supplement, alleging that the … Continue Reading

G M Oh-no

Chipotle sued over its allegedly deceptive non-GM advertising campaign. As covered on our blog earlier this year, Chipotle Mexican Grill launched a nationwide advertising campaign premised on the chain’s pledge to serve food made only with non-genetically modified (GM) ingredients.  The company included caveats on its website to indicate that meat and dairy products may come from … Continue Reading

San Francisco Sugar Suit

Trade associations sue San Francisco over sugar-sweetened beverage legislation. In June 2015, the City and County of San Francisco passed legislation that requires health warnings to be placed on advertising for sugar-sweetened beverages (i.e., nonalcoholic beverages with caloric sweeteners that contain more than 25 calories per 12 oz.).  Specifically, the warning will read:  “WARNING: Drinking beverages … Continue Reading

Hey, Kids…

Children’s Food and Beverage Advertising Initiative defends strides made in the marketing of children’s foods. In the mid-2000s, concerns were raised about the extent to which children’s food marketing focused on products high in salt, sugar, and fat.  In 2006, the food industry formed a voluntary self-regulatory program called the Children’s Food and Beverage Advertising Initiative (CFBAI) … Continue Reading

“Made in America” Litigation Hits Hops

Beer producer sued over “Product of U.S.A.” claim on products purportedly made with imported hops. (subscription to Law360 required) A product may bear a “Made in America”-type claim in accordance with federal guidelines where “all or virtually all” of the product is made in the U.S.A.  California’s “Made in America” standard is stricter, prohibiting such claims if … Continue Reading
LexBlog

We and our analytics and advertising providers may use cookies and similar technologies to enhance the browsing experience, facilitate sharing of content, and generate statistics about use of the website. For more information or to change your preferences, click here.

I Agree