Tag Archive: False Advertising Claims

Since its release in March, 2013, “.com Disclosures” is the new hot read among ad law geeks and insomniacs, but it should be on the desk of every mobile and digital marketing executive in America. The FTC is taking the hard line when it comes to disclosures on electronic and tiny screens, and failure to …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/ftc-comes-out-swinging-above-the-fold-new-guidelines-hold-digital-advertisers-feet-to-the-fire/

Sellify, Inc. v. Amazon.com, Inc., (SDNY 11/3/10) Sellify, aka ‘One Quality’, went in and out of business minimally while buying and re-selling used electronics on eBay. Cutting Edge Design (CED), an Amazon associate, purchased the keyword “onequality.com” and several close variants from Google, Inc. When a Google user searched for these keywords, the search results …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/contributory-infringer-liability-not-found-in-false-advertising-claim/

They’re cute, they make noise, they might even get your kid to eat his breakfast, but boost immunity? The FTC says not so much. For the second time in a year, Kellogg’s has been put on the hot seat for its cereal related health claims. This time, Kellogg’s claimed that because Rice Crispies contains “25 …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/kelloggs-gets-popped-by-ftc-for-false-advertising/

PBM Products, LLC, which makes infant formula for big box stores like Kroger, WalMart, Sam’s Club, and Target, sued Mead Johnson, claiming the Enfamil maker made false statements regarding its ENFAMIL baby formula. Mead Johnson’s new direct mail campaign states ”Enfamil LIPIL’s unique formulation is not available in any store brand.” Worse, the suit claims, …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/mead-johnson-has-the-wrong-formula-for-marketing-sued-again-for-false-advertising/

On the heels of releasing its new advertising guidelines, the FTC is wasting no time in going after individuals and companies it believes have crossed the line in their advertising practices. Long a thorn in the side of the FTC, the weight loss market is taking the first hit. Last month, the FTC sought injunctive …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/ftc-wants-the-skinny-on-hoodia-weight-loss-claims-charges-defendants-with-false-advertising-for-diet-supplement-claims/

Plastwood SRL v. Rose Art Industries (Case No. c07-0458LJR, W.D. Wash. Dec. 5, 2008). District Court Judge James Robart granted the Motion for Summary Judgment filed by Rose Art, finding that its packaging did not contain literally false statements. At issue in this case was Rose Art’s line of MAGNEXT toys, plastic and magnetic construction …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/the-devil-is-in-the-packaging-details-rose-art-skirts-false-advertising-accusations-by-making-age-range-3-100/