false advertising law

California Advertising

California’s False Advertising Laws and the “On Sale” Price

Most consumers like a bargain. Businesses understand that people are more likely to respond to advertisements for products and services that are “on sale.” However, please be aware that, according to California advertising law, the promotional sale price must actually reflect a discount from the original price. This means that the particular item must have […]

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false advertising

California Court Rules in Ensure False Advertising Case

The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law (“UCL”), the False Advertising Law (“FAL”), and the Consumer Legal Remedies Act (CLRA”). Combined, these laws serve to both protect consumers and afford legal recourse in the event of a company’s

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False Advertising and Football: Jets and Giants Accused of Marketing Violations - Klein Moynihan Turco LLP

False Advertising and Football: Jets and Giants Accused of Marketing Violations

On January 3, 2022, a football fan filed a class action lawsuit against the “New York” Jets and Giants for alleged marketing violations. Specifically, the complaint alleged that the two professional football organizations engaged in false advertising and deceptive marketing practices by continuing to employ “New York” in their teams’ name when, in fact, the

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FTC Cracks Down on Fake News - Klein Moynihan Turco LLP

Fake it ‘Til You Make It: FTC Brings Down the Hammer on False Reviews

In the past, the Federal Trade Commission (“FTC”) warned, and subsequently penalized, businesses that publish misleading and false reviews or endorsements. Now, the FTC is taking things up a notch, by utilizing its Penalty Offense Authority to alert businesses of the fact that the Federal Trade Commission Act (the “Act”) will be enforced even more

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False Advertising smoked cheese

False Advertising Case Claims Supermarket’s ‘Smoked’ Cheese Is Not Really Smoked

On January 27, 2021,  Michael Fleischer (“Plaintiff”) filed a class action lawsuit in the Eastern District of New York against supermarket chain Aldi Inc. (“Aldi”) for allegedly misrepresenting the source of the smoke flavor in its Smoked White Cheddar Cheese. Specifically, the complaint in this false advertising case alleges that Aldi misled consumers in failing

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False Advertising: What You Need to Know

False advertising occurs when a business makes a misleading, deceptive, or plainly false claim about a particular product or service. There are currently a host of state and federal laws aimed at addressing false advertising, the most prominent of which is the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b).  As articulated by

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